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Utah Law Update

Posted in News Articles on 06/10/2009

Effective May 12, 2009, the State of Utah has enacted legislation designed to protect Personally Identifiable Information (PII) on applicants applying for jobs.  House Bill 206 sets out specific guidelines for employers and what data they may collect from job applicants and how the data may be used.  It also sets forth rules for employer policy and retention of data in addition to penalties for misusing the data.

The law covers employers with 15 or more employees within the State of Utah for each working day in each of 20 or more calendar weeks in the current or preceding calendar year.

Employers may not request dates of birth, social security numbers and/or drivers license numbers on the original application paperwork UNLESSthey have:

  • Offered the applicant a job; and/or
  • When a criminal background check, credit history or driving record is obtained.

If you are ordering a background check, you ARE allowed to request this information, as long as you intend to use it for hiring or employment purposes.  If your company is requesting a background check from BackTrack, be sure to use our stand-alone release authorization to request the information.

Employers may ONLY use the PII for hiring or employment purposes, unless requested by a government official.

Employers should have a written policy for the collection, disposition, retention and access to the PII.  Applicants and employees are allowed to request a copy of the policy and review it before they consent to providing this information.

Penalties for violating this law may result in cease and desist orders and/or fines up to $500.

For more information on this law click here, or contact BackTrack at 800-991-9694.

***This information contained here is intended to provide useful information on the topic covered, but should not be construed as legal advice or legal opinion.***