This week, CDIA filed a comment to the Maryland A.G.’s office in response to a proposed rule change to amend COMAR Chapter 02.06.01, Public Information Act Requests. The changes were in the Maryland Register (Vol. 48, Issue 21, Oct. 8, 2021), and would limit access to identifiers, including physical addresses, DOBs, and DLNs, in public records through public record requests under the PIA. This is the second time in recent weeks that CDIA filed a comment with a Maryland agency on the possible loss of identifiers, like DOBs or DLNs.
Among other things, CDIA’s comment letter noted that thousands of employers in Maryland and across the country, both private and public, use some form of a background check (which is a type of consumer report) to evaluate job applicants or to monitor existing employees for ongoing compliance with job requirements. The results of criminal record searches (often conducted nationwide) are a key component of these reports. Employers of all sizes, across a myriad of industries, are often required to conduct these background checks of potential and existing employees.
In October 2021, CDIA filed a comment to the Maryland State Police in response to a proposed rule change to COMAR 29.01.02.02, a change that would prohibit access to DOBs in certain requests to the state police.