The request for a Social Security Number (SSN) during a background check often causes concern for individuals worried about privacy and identity theft. Many people question if its disclosure is truly required to move forward with a job or tenancy application. This article will explain the necessity and legal framework surrounding the SSN within the context of background screening.
The Role of the Social Security Number in Background Checks
The SSN serves as the most effective unique identifier in the United States, allowing Consumer Reporting Agencies (CRAs) to accurately verify an individual’s identity. CRAs use the SSN to perform an SSN Trace, which links the number to a history of names and addresses associated with the applicant. This trace is foundational for building a comprehensive and accurate report.
Without this distinct identifier, screening agencies face significant challenges in distinguishing between individuals who share common names or dates of birth. The absence of an SSN increases the risk of creating a “mixed file,” where a report mistakenly includes records belonging to another person. The SSN trace helps map the applicant’s residential history, which is then used to target criminal record searches to the correct jurisdictions.
Is the Social Security Number Legally Required?
The Fair Credit Reporting Act (FCRA), the primary federal law governing background checks for employment purposes, does not explicitly mandate the use of a Social Security Number. Therefore, in a strictly legal sense, an SSN is not required for a background check to be conducted.
However, a practical necessity exists, particularly for comprehensive employment screening. Certain types of checks, such as accessing an individual’s credit history or performing nationwide database searches, are often impossible or highly unreliable without the SSN. While a check can technically proceed without it, the resulting report may be significantly limited in scope and accuracy. For the employer, the SSN is the most efficient tool to satisfy their due diligence requirements, making it a functional requirement in many screening processes.
Necessary Authorizations and Consent
The FCRA requires a specific legal prerequisite for any third-party background check. Before a Consumer Reporting Agency can procure a consumer report, the applicant must receive a clear disclosure and provide written authorization. The employer must provide the disclosure in a stand-alone document that consists solely of the notice that a report may be obtained for employment purposes.
The disclosure must be clear and conspicuous, meaning it cannot be buried in an employment application or obscured by other text. The applicant’s written authorization grants the employer permission to obtain the report. An individual maintains the right to refuse consent to the background check, though this decision will likely impact their application status.
Alternative Identifiers and Limited Scope Checks
Background checks can sometimes be completed using alternative identifiers, such as a full name, date of birth, and complete address history. When an SSN is withheld, the screening process must rely on combining these data points to try and isolate the correct records.
The lack of a unique SSN can lead to increased search fees and a longer turnaround time as screeners must manually resolve potential name or date-of-birth matches. Without the SSN to cross-reference databases, the resulting report may not be as comprehensive, potentially missing criminal records tied to a former name or address. Certain government databases and specialized identity verification services are often inaccessible without the SSN, constraining the thoroughness of the check.
Protecting Your Information During the Background Check Process
Applicants should take proactive steps to ensure their information is protected when providing sensitive data like an SSN. It is prudent to verify the legitimacy of the requestor, ensuring they are a reputable employer or a registered Consumer Reporting Agency. You should confirm that the method of transmission, whether through an online portal or email, is secure and utilizes modern encryption protocols.
Applicants should also inquire about the company’s data security practices, including how long the SSN will be stored and who will have access to it. Federal law grants the consumer the right to request a copy of the completed report from the CRA. Reviewing this document allows you to check for accuracy and promptly dispute any inaccuracies found.