Posted by Charles_Ca on 9/29/06 12:15pm
Msg #149277

I challenge the NNA to show me in print in either the Gramm-

Leach-Bliley act or the California Financial Privacy Act where it states anything about background investigations. If the NNA can provide me with the requirements for a background check in either of those I will sign up with them immediately!

Reply by Lee/AR on 9/29/06 12:27pm
Msg #149280

I still want a choice, if, in fact, it is necessary. n/m

Reply by Poppy on 9/29/06 12:37pm
Msg #149285

Charles

I believe what the hoopla is over is the safeguarding rule within GLB and the "guidelines" for complying with the safeguarding rule. In those guidelines the first suggestion is a background check.

Reply by Charles_Ca on 9/29/06 1:40pm
Msg #149298

My point is can you show me the section?? And I'm not

being contentious. There are 740 sections in GLB, which section are you referring to? I am in the process of working my way through it. I see the situation as an opportunity for the NNA to imply certain requirements, I am not sure that they are there. Bob-Chicago made a post earlier where he actually spoke with one of the companies who are involved. As I understood Bob's comments it is the companies who are making the requirement for their contractors. If that is the case I can understand that and the companies are well within their right to ask for anything they want. There are potential situations however where there are potential risks of restricting trade accusations for these companies as well as some very real violations of anti-trust legislation. I personally don't work for any of those companies and I don't ever expect to since they pay poorly and have excessive requirements. I suspect that this whole issue is over control. All of these companies are known to demand an awful lot from notaries and much of it is unreasonable.

Reply by Poppy on 9/29/06 1:59pm
Msg #149303

I'm not the NNA or their defender. But as I've stated I

think what they are referring to is the Safeguarding Rule within the GLB Act.

Gramm-Leach-Bliley Act Privacy Safeguards Rule, 16 CFR Part 314 - Comment

Now the FTC has issued a publication, report or whatever you want to call it, to assist those in the financial services industry to comply with GLB's Safeguarding rule. In that publication one of the many suggestions is BG checks...

Here's a link to that publication.

http://www.ftc.gov/bcp/conline/pubs/buspubs/safeguards.htm

Reply by Charles_Ca on 9/29/06 2:06pm
Msg #149308

I realize that you are not the NNA or their defender

All I was asking ws what section of GLB requires background checks. The section you quoted was the FTC interpretation of the Act. The act can be found here:

http://banking.senate.gov/conf/fincon.pdf

as I am still reading it after checking out the section summaries I still do not see the rule the FTC quotes and it may be an FTC rule and not a GLB requirement. I even checked the links that were included in the section of the link you supplid. I'm just not reading that. I am certainly open to being shown the error of my ways.

Reply by Charm_AL on 9/29/06 2:10pm
Msg #149309

Re: I realize that you are not the NNA or their defender

I'm so tired of this subject already....Charles, pork shoulder butt and sauerkraut/potatoes for dindin...bring the wine. Greg likes that dark heavy red

Reply by Poppy on 9/29/06 2:12pm
Msg #149310

Not sure what I'm saying wrong but THERE IS NO SECTION that

I'm aware of that requires background checks. From what I understand which granted is not in anyway complete it leads back to the Safeguarding Rule and the FTC interpretation of how to comply with it....

Are you saying that you can't find the Safeguarding Rule in the GLB Act? Or that you don't agree with the FTC's interpretation of it?

Reply by Charles_Ca on 9/29/06 2:50pm
Msg #149324

Re: Not sure what I'm saying wrong but THERE IS NO SECTION that

At the time I las posted I had not found the "rule" as it turns out there is no "rule" in GLB. Section 501a of GLB requires that the personal financial information be safeguarded. In 510b GLB charges the appropriate agencies responsible for the financial institutions under their jurisdictions to develop and implement a program. The FTC link you posted speaks of the rule but the Safeguarding Rule is not in the language of the GLB but is called out in 16 CFR 13 Part 313 (CFR = Code of Federal Regulations) and cites GLB 504a as being the authority for creating guidelines under 501a of GLB. The FTC created that rule. Now the FTC is only one agency responsible for the creation of a coordinated rule. There are others and this is quite complex. However GLB does not specifically require background checks. I'm still working the rest of the chain.

Reply by Poppy on 9/29/06 2:46pm
Msg #149323

Not sure if you've already looked at this but it may help...

http://www.ftc.gov/os/2001/07/66fr41162.pdf

Reply by Charles_Ca on 9/29/06 2:56pm
Msg #149329

Re: Not sure if you've already looked at this but it may help...

Thanks Poppy, followed the trail up an down and I posted just aboe that there is no GLB requirement but only and FTC rule which is but one agency charged with making a rule and then making sure it is conformed between the various agencies. Check my response above: I have specific sections called out. The ramifications of this law are far-reaching and the interpretations as I am running into them are different from different agencies. I'm still working on it.

Reply by Poppy on 9/29/06 3:09pm
Msg #149334

I wish you luck my friend! Let us know what you find out... n/m

Reply by FastCA on 9/29/06 5:00pm
Msg #149359

Re: Not sure if you've already looked at this but it may help...

Thanks for the hard work on our behalf.