Date of Birth Redaction, ADM File No. 2017-28 and ADM File No. 2020-26
- Michigan
- In Effect: April 1, 2022
TL;DR:
Michigan’s amendment to Rule 1.109 creates provisions to redact and remove date of birth information. Under AMD File No. 2017-28, only authorized individuals may access date of birth information contained in court records for verifying identities.
What it is:
Under the amended MCR 1.109, the following personal identifying information (PII) is considered “protected”:
- Date of birth
- Social security number or national identification number
- Driver’s license number or state-issued personal identification card number
- Passport number
- Financial account numbers
This law effectively bars consumer reporting agencies, data providers, and criminal background researchers from using the date of birth information to verify consumer identities for tenant and employment screening purposes, unless they have been authorized by the Michigan State Court Administrative Office. Authorized individuals may access this information without the need to present a stipulation to the court.
Whom it affects:
Consumer Reporting Agencies
Agencies who wish to access date of birth information for verifying consumer identities must apply with the State to be authorized.
Michigan Courts
The State Court Administrative Office will maintain an authorized list of individuals who may access protected information.
Consumer Reporting Guidance:
On November 4, 2021, the Consumer Financial Protection Bureau issued an advisory opinion on Name-Only Matching. In this, they stated that “’name-only matching,’ [when identity and record matching is only done with first and last name information,] is particularly likely to lead to inaccuracies in consumer reports.” While the Bureau was not explicit about which personal identifiers should be used to maximize the report’s accuracy, their opinion made it clear that additional matching identifiers (other than first and last name) must be used by consumer reporting agencies to be compliant with the Fair Credit Reporting Act sec. 607(b).
Resources:
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