During the last six months, AccuSource has provided updates on our industry’s concerns with ADM File No. 2017-28, which amended Rule 1.109 of the Michigan Court Rules. The updated Rule as originally written would have required court clerks across the state to redact personal identifying information, namely dates of birth, from court records before providing them to the public. Our industry association, the Professional Background Screening Association (PBSA), has been working with the Michigan State Court Administrative Office (SCAO) to find a solution that would allow background screening agencies to continue to conduct screening where the subject of the court record has given consent to that screening. The PBSA presented to the Michigan Supreme Court a negotiated court rule, and that amendment was adopted on December 6, 2021.
Previously, the Rule required that a party seeking identifiers could provide a stipulation or consent from the subject to have identifiers released by the court. The amended Rule allows for a list of authorized users, which will be maintained by the SCAO. Those individuals on the authorized user list are permitted access to a subject’s date of birth contained in the court record. The Rule sets forth the process for an individual to be added to the list, which includes, but is not limited to, assurance that the verification of date of birth will be in the course of that individuals’ work and with the subject’s consent. The amended Rule includes guidance on consent and also outlines how assurance may be given to the SCAO. The assurance must be updated every six months in order to remain active on the authorized user list. Additionally, the individual, or the entity with whom they work, must provide proof of professional liability insurance upon initial registration and annually thereafter. Courts must verify that each individual requesting dates of birth is listed as an authorized user.
The amended Rule goes into effect on April 1, 2022, which will provide additional time for the SCAO to implement any necessary procedures. If any additional changes are made during that time, AccuSource will provide an update. If you would like AccuSource to provide a complimentary review of your current background screening compliance program, please contact us at email@example.com.