More and more, clients are asking for a media and internet search to do a deeper dive on background checks, especially for candidates for high-level positions (typically executive and C-suite level employees).
As with most types of research we’ve written about, there are varying levels of service for this type of search. And, if you are a loyal reader, you can already guess that the Fair Credit Reporting Act (FCRA) and state-specific laws have an impact on what can be reported for employment-related background checks.
While the methodology of these searches varies, here is a summary of how we typically conduct the research.
Using an Industry Database
For media searches, we use a robust subscription database containing articles from media sources across the globe. These searches are often restricted to negative references to the individual. The advantage of using such a database is the ability to quickly and efficiently eliminate false positives, or mentions of other individuals who share the same name.
Of course, very common names pose a challenge, but the powerful search techniques available via this database is far superior to that of an average internet search engine, which helps to facilitate the research. Another advantage is being able to search for a name globally, if warranted, and to have the database translate any articles in a foreign language into English.
Digging Deeper on the Internet
This media database research may be all that a client needs. However, we can use additional internet research to take a deeper look at the candidate. For example, some information—such as “mugshot” sites, civil litigation data aggregators and other resources—may not be included in a media database. And while most anyone can use Google to search a subject or topic, it takes experience and know-how to create customized searches that highlight potential negative findings without overlooking or missing anything important. Common names may complicate this type of research, so being able to weed through false positives is a critical skill.
Some services offer almost instant media and internet research via a database interface. Such options may be faster and easier, but we’ve found them to be considerably less reliable and comprehensive than the more manual processes outlined above.
This point brings us, of course, to price. These searches are not cheap. There are ways to mitigate costs, such as capping the time spent per applicant, but the training and time required to do these searches, coupled with substantial overhead costs, does make this type of research unrealistic for budget-restricted background checks.
Research and the Law
And now I’m sure you’re waiting with bated breath about how the FCRA and state-specific laws apply. The penalties for violating the FCRA can be substantial, and you don’t want to make a mistake that can expose your organization to significant liability.
First, any reporting restrictions dictated by the FCRA will apply to media research. So, if we find a derogatory finding and cannot positively link it to the subject of the report via available identifiers, we cannot report it. The same holds true for state-specific laws. If, for example, we find a dismissed criminal matter for a New York applicant mentioned in a media article, we cannot report that information since New York State law prohibits reporting dismissed criminal cases.
Additionally, we need to treat media research as pointer data. For instance, if we find a reference to a court case, we need to go to the source to ensure that we report current and accurate information at the time of the report. This extra step may increase costs and turnaround time.
Make no mistake, media and internet research can be an excellent source of information and should be considered for certain positions. However, the skill level required to perform this type of research is high, as is the amount of time that may be necessary to complete a comprehensive search. And knowing how FCRA and state-specific laws may affect what is reported back to you is critical. Make sure you understand all factors, such as methodology, pricing and compliance, before partnering with a firm for this type of work.
