Policy 4330-3

Selection and Assignment of Employees

Shredding Consumer Reports

Reviewed and affirmed by the Board:  8/25/2020
Last Revision: 
Original publish date: 01/27/2015
Related policies & regulations:  
Legal references:  FTC Rule on Disposal of Consumer Report Information and Records, 16 CFR Part 682

  

Lincoln Public Schools will take reasonable measures to protect against unauthorized access to consumer information from consumer reports.1  A consumer report includes criminal background checks performed on applicants or employees by a third party.  It does not include criminal checks performed by school staff.

 

Reasonable measures to protect against unauthorized access to or use of consumer information in connection with its disposal include the following examples.  These examples are illustrative only and are not exclusive or exhaustive methods for complying with this directive.

  1. Shredding of papers containing consumer information so that the information cannot practicably be read or reconstructed.  Burning or pulverizing such papers are also options, where appropriate.
  2. Destruction or erasure of electronic media containing consumer information so that the information cannot practicably be read or reconstructed.
  3. After due diligence2 entering into and monitoring compliance with a contract with another party engaged in the business of record destruction to dispose of material in a manner consistent with this directive.

This does not require that the consumer reports information be disposed of; rather, it specifies the action to be taken whenever such disposal occurs.  Questions regarding the disposal of consumer reports information should be directed to the Superintendent or the Superintendent’s designee.

 

1 “The term ‘consumer report’ means any written, oral or other communication of any information by a consumer reporting agency bearing on a consumer’s creditworthiness, credit standing, credit capacity, character, general reputation, personal characteristics or mode of living which is used or expected to be used or collected in whole or in part for the purpose of serving as a factor in establishing the consumer’s eligibility for … (B) employment purposes.”  Fair Credit Reporting Act, 15 U.S.C. § 1681a(3).


2 The FTC rule states:  “In this context, due diligence could include reviewing an independent audit of the disposal company’s operations and/or its compliance with this rule, obtaining information about the disposal company from several references or other reliable sources, requiring that the disposal company be certified by a recognized trade association or similar third party, reviewing and evaluating the disposal company’s information security policies or procedures or taking other appropriate measures to determine the competency and integrity of the potential disposal company.”