Privacy & Information Security Law Blog

As reported on the Hunton Employment & Labor Perspectives blog, on October 24, 2024, the Consumer Financial Protection Bureau (“CFPB”) issued a policy statement (known as a Circular) to explain the link between the Fair Credit Reporting Act (“FCRA”) and employers’ growing use of artificial intelligence (“AI”) to evaluate, rank and score applicants and employees. Employers should take note that the FCRA does not only apply to criminal history or credit reports. As the use of advanced data analysis and AI rise, employers should ensure that they are not running afoul of the FCRA’s requirements.