Is it illegal for a prospective hiring manager to show and disclose information on my background check to regular employees resulting in a breach of confidentiality?

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Is it illegal for a prospective hiring manager to show and disclose information on my background check to regular employees resulting in a breach of confidentiality?

Asked on August 10, 2015 under Employment Labor Law, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

It would only be illegal if the hiring manager (or his company) signed an agreement in which they stated they would keep the information  confidential, in which case they breached their agreement or contract; or if they promised you that they would keep all information confidential but despite that promise, disclosed information you gave them in reliance on their promise (they could still disclose information they obtained from other sources, however). Otherwise, the law does not make the information obtained for a background check confidential.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

It would only be illegal if the hiring manager (or his company) signed an agreement in which they stated they would keep the information  confidential, in which case they breached their agreement or contract; or if they promised you that they would keep all information confidential but despite that promise, disclosed information you gave them in reliance on their promise (they could still disclose information they obtained from other sources, however). Otherwise, the law does not make the information obtained for a background check confidential.


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