EmployeeScreenIQ Blog

We have seen this before and we will see it again.  Worried about identity theft, Texas legislators are attempting to remove dates of birth (DOB’s) from public records.  The National Association of Professional Background Screeners (NAPBS) is aware of the issue and will be in contact with Texas officials.  NAPBS has been successful in several states when these issues have surfaced in the past.  Whereas this bill does not directly remove DOB’s from all public records, its sends the wrong message.  Any type of redaction could open a pandora’s box of legislation. DOB’s are a critical piece of information when conducting a background check.  If the public record does not include the Social Security Number, a DOB is the only way to identify the subject as the one a search is being conducted on.  Using an individuals DOB to commit identity theft without the Social Security Number is virtually impossible, therefore NAPBS has taken a strict position against redaction of this critical information. NAPBS and employeescreenIQ will be releasing more information on how you can contact Texas lawmakers in the coming days.  We will be updating employeescreen University regularly as information becomes available.

Bill Seeks to Pull Birth Dates from Public Records

By JACKIE STONE Associated Press Writer © 2009 The Associated Press

AUSTIN, Texas — Texas lawmakers worried about identity theft are trying to remove state employees’ birth dates from public records — a move journalists and open records advocates say is unnecessary and will hamper government oversight.

A proposal by Rep. Helen Giddings, D-DeSoto, that would make the information private is scheduled for a public hearing Tuesday. A Senate version of the bill had a hearing earlier this month.

Those and at least two other bills filed in the Legislature this session could supersede a pending Texas Supreme Court case between The Dallas Morning News and the state comptroller’s office.

In 2006 the comptroller’s office filed a lawsuit asking that birth dates be ruled as personal information exempt from open records requests. That was after then-Comptroller Carole Keeton Strayhorn refused to include birth dates with employee payroll records requested by the Morning News. Past records have included the dates.

Current Comptroller Susan Combs has backed Strayhorn’s decision as the case moved through the lower courts.

“The main date-of-birth problem we have is identity theft, and identity theft is one of the nation’s fastest growing, most expensive criminal enterprises,” said Allen Spelce, a spokesman for Combs.

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