Compliance & Data Security

Built on Compliance. Trusted by Counsel.

GPS and Associates operates at the intersection of investigative capability and legal compliance. Every report we produce, every record we access, and every piece of candidate data we handle is governed by a compliance framework built over 30+ years of practice — and reviewed continuously as laws evolve.

Compliance Is Not a Feature. It's the Foundation.

Background screening is a regulated industry. The Fair Credit Reporting Act, EEOC guidance, state ban-the-box laws, and a growing body of local ordinances create a compliance landscape that changes constantly. Employers who use non-compliant screening providers — even unknowingly — face significant legal exposure, including class action liability under the FCRA.

GPS and Associates was built by investigators who understood from day one that the value of a background report depends entirely on the integrity of the process that produced it. Our compliance infrastructure is not a checkbox — it is the reason our clients can act on our reports with confidence.

30+

Years of compliant practice

FCRA

Certified Consumer Reporting Agency

0

Successful FCRA enforcement actions

50+

State & local laws monitored

Regulatory Frameworks

The Laws We Operate Under

Background screening is governed by an overlapping web of federal, state, and local law. GPS and Associates maintains active compliance across all applicable frameworks.

Fair Credit Reporting Act (FCRA)

Federal

The FCRA is the primary federal statute governing consumer background reports. GPS and Associates operates as a Consumer Reporting Agency (CRA) under the FCRA, with full compliance across all applicable provisions.

  • Permissible purpose verification before every report
  • Proper disclosure and authorization procedures
  • Adverse action notice requirements and timing
  • Dispute and reinvestigation procedures
  • Maximum reportable period compliance (7-year rule)
  • Accuracy and completeness obligations

EEOC Guidance on Criminal History

Federal

The EEOC's 2012 Enforcement Guidance on the Consideration of Arrest and Conviction Records requires employers to conduct individualized assessments before taking adverse action based on criminal history. Our reports and processes are designed to support this requirement.

  • Nature and gravity of the offense
  • Time elapsed since the offense or completion of sentence
  • Nature of the job sought
  • Individualized assessment documentation support
  • Disparate impact analysis guidance
  • Green factors compliance framework

State & Local Ban-the-Box Laws

State/Local

Over 35 states and 150+ cities and counties have enacted ban-the-box or fair chance hiring laws that restrict when and how criminal history can be considered. GPS and Associates monitors and applies jurisdiction-specific requirements for every engagement.

  • Conditional offer timing requirements
  • Waiting period compliance before criminal inquiry
  • Individualized assessment mandates
  • Specific adverse action notice requirements
  • Jurisdiction-specific reportable offense limitations
  • Ongoing monitoring of legislative changes

State Privacy & Data Protection Laws

State/Local

California (CCPA/CPRA), New York, Illinois, and other states have enacted comprehensive data privacy laws that affect how background screening data is collected, stored, and used. Our data practices comply with all applicable state privacy statutes.

  • California CCPA/CPRA consumer rights compliance
  • New York SHIELD Act data security requirements
  • Illinois BIPA biometric data restrictions
  • State-specific data retention limitations
  • Consumer access and deletion rights
  • Data broker registration requirements
Data Security

How We Protect What We Handle

Background screening involves some of the most sensitive personal information that exists — criminal records, financial histories, employment details, and personal identifiers. Our data security practices are designed to protect this information at every stage of the investigation lifecycle.

Encrypted Data Transmission

All data transmitted between GPS and Associates, our clients, and our sources is encrypted using TLS 1.3. No sensitive data is transmitted over unencrypted channels under any circumstances.

Secure Report Delivery

Background reports are delivered through secure, authenticated channels. Reports are never transmitted via unencrypted email. Client portals use multi-factor authentication.

Access Controls & Least Privilege

Access to candidate data is restricted on a need-to-know basis. Investigators access only the records required for their specific assignment. All access is logged and auditable.

Data Retention & Destruction

We maintain data only as long as required by law and our contractual obligations. Upon retention period expiration, data is destroyed using NIST-compliant methods. Clients may request earlier destruction.

Vendor & Source Security

Third-party sources and vendors who access candidate data on our behalf are contractually required to maintain security standards consistent with our own. We conduct periodic vendor security reviews.

Incident Response

GPS and Associates maintains a documented incident response plan. In the event of a data security incident, we follow state breach notification requirements and notify affected parties within required timeframes.

Confidentiality

What We Know Stays Between Us

Confidentiality is not just a legal obligation for GPS and Associates — it is a professional standard that defines how we operate. Our investigators are trained to handle sensitive information with discretion, and our operational procedures are designed to prevent unauthorized disclosure at every step.

Client Confidentiality

The identity of our clients, the nature of their investigations, and the results of our work are never disclosed to third parties without explicit client authorization or legal compulsion.

Candidate Privacy

Candidate information is used solely for the purpose for which it was collected. We do not sell, share, or repurpose candidate data for any secondary purpose.

Investigator Confidentiality Agreements

All GPS and Associates investigators and staff execute comprehensive confidentiality agreements as a condition of employment. These agreements survive termination of employment.

Source Confidentiality

The identities of our sources, informants, and investigative contacts are protected. We do not disclose source identities in reports or in response to candidate disputes.

Audit & Documentation

Every Step. Documented.

FCRA compliance requires that Consumer Reporting Agencies maintain documentation sufficient to support the accuracy of every report they produce. GPS and Associates maintains comprehensive audit trails for every investigation we conduct.

01

Source Documentation

Every record included in a GPS report is documented with its source, the date and method of retrieval, and the identity of the investigator who obtained it. This documentation is retained and available for dispute reinvestigation.

02

Chain of Custody

For investigations involving physical evidence or sensitive records, GPS and Associates maintains a documented chain of custody from retrieval through report delivery.

03

Permissible Purpose Records

We maintain records of the permissible purpose certification provided by each client for each report ordered. These records are retained for the period required by the FCRA.

04

Dispute & Reinvestigation Records

All consumer disputes and our reinvestigation responses are documented and retained. We maintain records of every dispute received, the reinvestigation conducted, and the outcome communicated to the consumer and client.

Credentials & Certifications

Verified Expertise. Licensed Practice.

Licensed Private Investigation Agency

GPS and Associates holds active private investigation agency licenses in all jurisdictions where licensure is required. Our investigators hold individual licenses where required by state law.

FCRA Certified Consumer Reporting Agency

GPS and Associates operates as a certified Consumer Reporting Agency under the FCRA, with documented compliance procedures reviewed by legal counsel specializing in consumer reporting law.

30+ Years of Compliant Practice

Our compliance track record spans more than three decades. We have never been the subject of a successful FCRA class action or regulatory enforcement action.

Ongoing Legal Compliance Review

Our compliance procedures are reviewed annually by outside legal counsel specializing in FCRA, employment law, and data privacy. We update our procedures within 30 days of any material legislative change.

Compliance Team

Questions About Our Compliance Practices?

Our compliance team is available to discuss our procedures, provide documentation for your legal or HR review, or answer specific questions about how we handle data in your jurisdiction.