Topics and Issues

Background checks (71) Identifiers in public records (3) Public Records (25)

CDIA has been working to reverse a Michigan State Supreme Court rule that would have taken effect on January 1, 2022, that would pose a significant risk to Michiganders in their workplaces and apartments.  In October, CDIA, working with PBSA, helped support Rep. Graham Filler (District 93), the Chairman of the Michigan House Judiciary Committee, to introduce a bill to keep Michigan safe.  “Millions of background checks are performed each year in Michigan by job providers and landlords who are looking out for the safety of their customers, residents, and the general public,” Chairman Filler wrote in a post on the Michigan House Republicans website.

Also in October, CDIA testified at a House Judiciary Committee hearing. The Consumer Data Industry Association (CDIA) provided testimony and technical comments about the bill. More broadly, a CDIA-led coalition of more than a dozen organizations today sent a letter of support for Chairman Filler’s bill to the Judiciary Committee.

In 2019, the Michigan State Court Administrative Office (SCAO) started looking for new ways to balance the competing needs of public access to court records while also protecting the privacy of the subjects of those court records. To help achieve that balance, SCAO created a Consent Verification Registration where (a) “a person may provide written consent for another person or agency to access their date of birth information in court records,” or (b) a person may obtain identifying information, like a DOB, in court records without presenting a copy of that person’s consent.

In situations where no consent is provided to access identifying information in court records, “SCAO maintains a list of individuals who are authorized to access a party’s date of birth in court records for the purposes of verifying identity, pursuant to MCR 1.109(D)(9)(b)(v)(B), without presenting a copy of the person’s written consent to the court. The list of authorized individuals is publicly available on the SCAO’s website and identifies the authorized individual’s full name, employer/hiring entity, email address, and the expiration dates of their assurance and proof of professional liability insurance.” Consent Verification Registration (referencing MCR 1.109(D)(9)(b)(v)(B)).