COMPLIANCE CORNER

Jun
01

Utah Legislation Prohibits Pre-Employment Collection Of Personal Information

May 21, 2009, Governor, Jon M. Huntsman, Jr., signed Utah House Bill 1002, effective immediately and retroactive in application to May 12, 2009. House Bill 1002 amends House Bill 206. Other than in specific circumstances, enacted Utah House Bill 206 prohibits employers from gathering any of the following pieces of information from job applicants.

  • Social Security Number,
  • Driver License Number, or
  • Date of Birth
The specific circumstances under which an employer may collect the Social Security Number, Driver License Number, and/or Date of Birth are:

  • A job offer has been made to the applicant,
  • The information is gathered for and at the point in the hiring process when a background
  • The requested information is applicable to the position for all applicants.
House Bill 206 amends Utah Code Title 34, Chapter 46, further stating employers must maintain a policy which specifically addresses retention, destruction, access, and confidentiality of collected applicant information. Further, the policy must provide that applicant information will not be retained for longer than two (2) years from the date of collection for any applicants who have not subsequently been hired and the policy must be available for applicants to review upon request.

A copy of Utah House Bill 1102 can be found in its entirety by clicking on the following link, http://le.utah.gov/~2009S1/bills/hbillint/hb1002.htm.