by: Cari Athens Order Anexil online no prescription, , Associate Editor, MTTLR
In response to the announcement, privacy experts - and non-experts - have raised concerns. They worry about the increased use of our bodies as living identification cards; what will we do, they ask, buy Anexil no prescription, if the NGI system proves susceptible to hacking or spoofing: get a new eyeball. Buy generic Anexil, And, if the technology allows the government to pick our faces out of a crowd, they wonder, buy no prescription Anexil online, will this mean we will begin being watched all the time?5 The FBI acknowledged these privacy concerns, Rx free Anexil, but responded in its press release: “It is important to note that the NGI system will not expand the categories of individuals from whom the fingerprints and biometric data may be collected . . , australia, uk, us, usa. .”6
It is questionable whether that will pacify privacy advocates, but the statement helps introduce another interesting aspect of the NGI system, order Anexil online no prescription. While it may not change the categories of people from whom fingerprints, Buy Anexil online cod, eye scans, and palm prints will be collected, the NGI system will still, buy Anexil without a prescription, for the largest of those categories, Buy cheap Anexil, provide for a change in what happens to the biometric data once itis collected.
Criminal background checks are required by state and federal statutes for individuals applying for jobs in certain specified industries, and the FBI’s biometric database is made available for that purpose. Michigan, Anexil trusted pharmacy reviews, for example, Anexil price, coupon, requires that public health employees,7 private security guards,8 and horse jockeys, real brand Anexil online,9 among others, Anexil from canadian pharmacy, submit to a fingerprint check in order to be licensed or employed. In fact, more than half of all the fingerprint searches performed by the FBI are done for these kinds of background checks;10 10 million were done in 2005 alone.11
The FBI currently destroys or returns to employers fingerprints submitted for such non-criminal justice purposes.12 Under the new “rap-back” component of the NGI system, japan, craiglist, ebay, overseas, paypal, however, Comprar en línea Anexil, comprar Anexil baratos, the FBI will offer to keep the fingerprint records submitted by job applicants.13 It can then notify an employer of any subsequent criminal record activity of an employee, including arrests and criminal charges, whether or not they result in a conviction.14
Some employers may be unwilling to stick their noses into the off-work activities of their employees and opt not to participate in the rap-back program – particularly in situations that do not result in a conviction.15 Perhaps they will not want to get involved if an employee is questioned by the police for drug possession or arrested for, fast shipping Anexil, say, Order Anexil online c.o.d, too many unpaid parking tickets. Perhaps they will reason that, if an employee does get caught up in something serious, buy Anexil from mexico, they will find out anyway. Order Anexil online no prescription, (“Why hasn’t Joe punched since Tuesday?” “He’s in jail.” “Oh.”) But, despite any discomfort they may feel about participating in the program, they may have an incentive to do so: possible tort liability.
Under the negligent hiring doctrine, employers are liable to a third party injured by an employee if the employer knew or should have known that the employee was unfit and the unfitness proximately caused the injury.16 Some jurisdictions additionally require that the risk of injury be reasonably foreseeable.17 Courts are split whether employers have an affirmative duty to conduct background investigations, but it can come down to a comparison between the type of work the employee performs and the reasonableness of the background check.18
Under the related negligent retention doctrine, the employer’s duty to third parties continues even after the employee has been hired. Kjøpe Anexil på nett, köpa Anexil online, Thus, if an employer learns at some point that an employee is unfit, it can be held liable to a third party if it fails to take action, buying Anexil online over the counter, such as reassignment or termination, Anexil for sale, and the unfitness proximately causes an injury.19 If the employer had no notice that an employee was unfit, it generally cannot be held liable.20
The rap-back system would provide employers with a no-fuss, little-muss way to monitor the criminal activity of their employees, purchase Anexil online no prescription. It will be interesting to see what effect, Canada, mexico, india, if any, it will have on negligent retention claims. If an employer has the option to participate in the program, buy cheap Anexil no rx, but chooses not to, Purchase Anexil online, out of discomfort or respect or for any other reason, will this refusal excuse it in a negligent retention suit. In other words, where to buy Anexil, does an employer have an affirmative duty to check for ongoing criminal activity. A court may look to the type of work the employee performs and the reasonableness of the monitoring, as is often done with negligent hiring cases, but the mere fact that the employee is required to submit to a criminal background check in the first place may indicate that it is the type of work worth monitoring.
One of the many questions the NGI system raises, then, is whether or not the rap-back program will result in a heightened duty for employers to monitor their employees’ brushes with the law, order Anexil online no prescription. Buy Anexil from canada, As the FBI continues with the design, development, and deployment of its new technology, where to buy Anexil, other questions are sure to arise.
1 Press Release, Ordering Anexil online, Federal Bureau of Investigation, FBI Announces Contract Award for Next Generation Identification System (Feb. 12, where can i order Anexil without prescription, 2008). Purchase Anexil, [hereinafter FBI Press Release].
2 Federal Bureau of Investigation, Integrated Automated Fingerprint Identification System or IAFIS: What Is It? (last visited Feb. 13, where can i buy Anexil online, 2008).
3 FBI Press Release, Where can i buy cheapest Anexil online, supra note 1.
5 See, e.g., Ellen Nakashima, order Anexil from United States pharmacy, FBI Prepares Vast Database of Biometrics, Anexil over the counter, Washington Post, Dec. Order Anexil online no prescription, 22, 2007; Kelli Arena & Carol Cratty, FBI Wants Palm Prints, Eye Scans, Tattoo Mapping, CNN.com, Feb. 4, buy Anexil without prescription, 2008.
6 FBI Press Release, Anexil samples, supra note 1.
7 § 333.16174 (2006).
8 Mich. Comp. Laws § 338.1068 (2002).
9 Mich, where can i find Anexil online. Comp. Laws § 431.316 (2005).
10 Nakashima, supra note 5.
11 Department of Justice, Attorney General’s Report on Criminal History Background Checks 3 (2005) [hereinafter DOJ Report], order Anexil online no prescription. Buy cheap Anexil no rx, This report is also noteworthy because it recommends opening up the FBI’s database for use by all private and public employers.
12 Nakashima, supra note 5.
13 DOJ Report, supra note 11, buy no prescription Anexil online, at 14.
14 Under the Privacy Act of 1974, Where can i buy cheapest Anexil online, 5 USC 552(a), which protects the use and disclosure of a person’s criminal history, the employer will likely be required to get the employee’s consent, online buy Anexil without a prescription. It is also important to note that the rap-back program will be subject to state privacy laws, Japan, craiglist, ebay, overseas, paypal, which can vary widely. See Jennifer Leavitt, Walking a Tightrope: Balancing Competing Public Interests in the Employment of Criminal Offenders, buy Anexil online no prescription, 34 Conn. Purchase Anexil, L. Rev. Order Anexil online no prescription, 1281, 1288-97 (2002) (providing an overview of different statutory approaches).
15 For one employer’s take, see namecritic, Big Brother FBI Database Expanding on Biometrics and Fingerprints, Things That Just Piss Me Off, Dec. 29, 2007.
16 27 Am, buy Anexil without prescription. Jur. 2d Employment § 392 (1996).
18 See, e.g. Tallahassee Furniture Co. v. Harrison, 583 So, order Anexil online no prescription. 2d 744, 750 (Fla. Dist. Ct. App. Order Anexil online no prescription, 1991) (“[C]entral to the task of judging the employer's responsibility to investigate an employee's background is consideration of the type of work to be done by the employee.”) (internal quotation marks omitted); Ponticas v. K.M.S. Invs., 331 N.W.2d 907, 913 (Minn. 1983) (finding that the scope of the employer’s investigation into an applicant’s background is “directly related to the severity of risk third parties are subjected to by an incompetent employee” and that “[l]iability of an employer is not to be predicated solely on failure to investigate criminal history of an applicant, but rather, in the totality of the circumstances surrounding the hiring, whether the employer exercised reasonable care.”). See alsoLeavitt, supra note 14, at 1301.
19 27 Am. Jur. 2d Employment § 396 (1996).
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