People Analytics and the Regulation of Information Under the Fair Credit Reporting Act
St. Louis University Law Journal, Forthcoming
Washington University in St. Louis Legal Studies Research Paper No. 16-07-15
14 Pages Posted: 15 Jul 2016
Date Written: July 14, 2016
People analytics — the use of big data and computer algorithms to make personnel decisions — has been drawing increasing public and scholarly scrutiny. Concerns have been raised that the data collection intrudes on individual privacy, and that algorithms can produce unfair or discriminatory results. This symposium contribution considers whether the Fair Credit Reporting Act’s regulation of consumer information used for employment purposes can respond these concerns. The FCRA establishes certain procedural requirements, and these can sometimes help individual workers challenge inaccurate information about them. However, the statute does little to curb intrusive data collection practices or to address the risks of unfair or discriminatory algorithms, revealing the limitations of a purely procedural approach to regulating the use of big data in employment.
Keywords: employment, privacy, discrimination, data analytics, people analytics, algorithms, big data, Fair Credit Reporting Act
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