• Gramm-Leach-Bliley Act (GLBA)
• Driver's Privacy Protection Act (DPPA)
• Questionable Data Sources

GLBA

Simply stated – not all databases are the same. 

First, there’s the riveting topic of Gramm-Leach-Bliley Act (GLBA) data.  Snore.  It’s not very exciting.  But it is very important, especially to investigators.  GLBA data is federally regulated data that contains sensitive information on individuals—not businesses—just individuals.  And it’s exactly this kind of information that investigators want and need when it comes to launching cases.

IRBsearch provides investigators with access to GLBA data only when they identify legally permissible purposes such as fraud prevention, law enforcement purposes, or legal compliance.  Public databases just don’t have the same kind of data.

The GLBA Act (also known as the Financial Services Modernization Act) passed in 1999, and it allowed banks, brokerages, and insurance companies to legally merge. The new information garnered by banks prompted legislative stipulations for individual privacy rights known as Title V.

There are three main parts to GLBA’s Title V governing the disclosure of nonpublic personal information:

• The Financial Privacy Rule
• The Safeguards Rule
• Pretexting Provisions

The good news is there are exceptions to Title V specifically with respect to professional investigators The financial privacy rule mandates consumer privacy notices and opt-out clauses, but consumers cannot opt-out of mandatory and legal investigations.  The safeguards rule is all about security from the party disseminating the information and the party receiving the information. And the pretexting clause makes sure you have a legitimate reason to research the subject.  This just means an investigator needs to select an appropriate reason to conduct the search each time he or she runs a query.

Not everyone has access to this type of information—investigation professions are a select group.  So when you access a GLBA database, such as IRBsearch, it means you have access to a set of information not available through all information brokers.  Not all databases adhere to the GLBA laws!

DPPA

Now there’s the Driver’s Privacy Protection Act (DPPA) of 1994.  The DPPA puts limits on the disclosure of personal information in records maintained by state departments of motor vehicles.  The Supreme Court upheld the law unanimously in 2000 in the case of Reno vs. Condon.  The Court maintained that personal identifying information from drivers' licenses and motor vehicle registrations is a "thing in interstate commerce that can be regulated by Congress like any other commodity."

One big difference between the GLBA and the DPPA is that the DPPA may allow broader definitions on a state-by state basis.  In other words, some state legislatures may pass additional laws to supplement the framework already in place, making the job of an investigator a bit more challenging.  Each state was required to have the minimum requirements of the DPPA in place by 1997, but states such as Arkansas and Wyoming implemented even more restrictions to the federal rules and only release personal information to the licensee.

And yes, just like the GLBA there are exceptions to the rule.  When there is a legal need for law enforcement or other select entities to have the information, it must be made available.  However, state laws governing the availability of the DPPA information is more restrictive for investigators than for the GLBA data.  For more information on this topic:

• http://epic.org/privacy/drivers/
• http://www.datagovernance.com/adl_DPPA-USA.html
• www.law.cornell.edu/supct/html/98-1464.ZS.html

Questionable Data Sources

How confident are you in your data sources?  Many public databases—the ones that absolutely anybody can get on—are not giving you access to GLBA or DPPA data.  You can usually spot the public databases by their teaser ads that promise they have found your subject with a lead name and then several possible locations.  When you click on what looks like a good name, then – POW – you are hit with a request for about $50.00 for what will amount to a pretty basic person search.

For people without legal permissible purposes for GLBA and DPPA data, this might be a good bet.  After all, it’s really just a collection of public information.  However, if you’re in an investigative profession with a regulated license, why wouldn’t you want the absolute top-shelf data with access to GLBA and DPPA records?  IRBsearch provides access to GLBA and DPPA with proper credentialing.

So what about other databases that offer GLBA and DPPA data?  Many investigators utilize several databases – and that’s good, but beware of questionable data.  Make sure you know where companies get their data and that it is legally acquired and legally monitored by proper compliance officials.  Ask questions before conducting searches: Do they have investigative experience, how long have they been in business, and what are the backgrounds of the leadership.  If you must ever appear in court to defend your data make sure you trust your research.

IRBsearch powered by