Insight on Technology

February 2019

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22 Insight on Technology Fe b r u a r y 2 019 Data breach risks even apply to your online job applications B eg i n n i ng w it h C a l i for n i a i n 2002, st ates h ave increasingly focused on data security. In June 2018, A l aba m a bec a me t he 50t h st ate to en ac t a d at a breach law, completing a complicated patchwork of state regulations that dictate everything from how companies must store sensitive data to how many days they have to notify victims following a breach. Given recent head l i nes about a str i ng of h ig h- profile data breaches at big box retailers, it's easy to assume these laws were created to protect custom- ers, not employees. However, i n most st ates, a ny entity that collects and owns personal data is subject to enforcement — even sma l l employers with the data of a handful of employees must adhere to the same guidelines as huge national corporations with the data of millions of customers. Are you collecting too much? W hen creati ng on l i ne job appl ications, most employers don't thin k twice about requesting extensive personal information, from social media profi les to Socia l Securit y numbers. After a l l, the more deta i led information you have equa ls more insight into candidates, right? And presum- ably, more insight equals better hiring decisions. However, not on ly a re t here restr iction s on what type of data can be collected, but storing such information electronica l ly adds a not her layer of risk. As states continue to pass increasingly tough laws, employers may need to reassess the t y pes of data they collect and when. Start slowly Instead of loading an online employment application with every question you can think of, try asking less. It might seem counterintuitive, but consider what you're really looking for up front and make sure each field has a distinct purpose. Many applicants will be weeded out immediately because they lack basic qualifications, such as required years of experience, and you won't need further personal details to make that hiring decision. The result of a shorter initial application is a win- win. Your company ends up storing less sensitive (and irrelevant) data, and potential applicants are met with a more straightforward initial application process. Consider your compliance Compa nies t hat don't a sk extensive persona l que s- tions on job applications are sti l l at risk when it comes P A R T N E R M E S S A G E Ann Potratz is an associate editor with J. J. Keller & Associates, Inc., a nationally recognized compliance resource firm. The company offers a diverse line of products and services to address the broad range of responsibilities held by human resources and corporate professionals. Potratz specializes in business topics such as discrimination and harassment, background checks and security. She is the editor of J. J. Keller's Employment Law Today newsletter and Essentials of Employment Law manual. For more information, visit www.jjkeller.com/hr and www.jjkellerlibrary.com. P H O T O S C O U R T E S Y J . J . K E L L E R & A S S O C I AT E S , I N C . B Y A N N P O T R AT Z , A S S O C I AT E E D I T O R , J . J . K E L L E R & A S S O C I AT E S , I N C . < D A T A C O M P L I A N C E > to person ne l d at a , g iven t h at sen si- t ive e mployee i n for m at ion i s now ha nd led a lmost exclusively electron- ica lly (think bank routing numbers, tax details, even biometric data like fingerprints and facial scans). As tec h nolog y ad apt s, so shou ld your approach to data storage. Check to see if your state, or a state in which you do business, has recently updated it s l aws rega rd i ng d at a protect ion. E ve n i f it h a sn't , reg u l a rly a s s e s s- ing how you ha nd le your employees' sensitive data is the first step in keep- ing it sa fe. The key to remember is this: St ate d at a bre ac h l aws cont i nue to evolve, w it h ma ny becom i ng stricter a n d m o r e c ompl i c a t e d . C on s i d e r col lec t i ng on ly t he nece s s a r y d at a a n d s t a y i n g u p -t o - d a t e o n y o u r st ate's reg u lations. As technology adapts, so should your approach to data storage. Check to see if your state, or a state in which you do business, has recently updated its laws regarding data protection.

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