HCAOA members have expressed some concerns over the looming July 1, 2021 deadline for a new requirement that removes personal identifying information (PII) from court filings. With the removal of PII from records there was some concern by employers that it would be more difficult to obtain accurate employee background checks without data such as a date of birth.
The rule was put in place two years ago under a system devised by the Michigan Supreme Court Administrator’s Office (SCAO) in order to provide greater transparency to court records for the public. Including PII on easily accessible documents make transparency impossible since sensitive information might be included in court documents. The rule lays out a process by which PII is provided under a separate document that is not public in order to protect people’s sensitive identification information.
Some confusion has arisen since PII may be required to get an accurate background check on potential employees by an employer. The rule DOES allow for an employee to grant written consent, requested by an employer, to access and use PII when conducting a background check. This consent should allow for an accurate background check.
Given the confusion, SCAO has extended the implementation date to January 1, 2022 and will be developing an FAQ to clear up any confusion before the new deadline takes effect.
The HCAOA Michigan Chapter is keeping a close eye on this issue and will update members as new information comes to light.