Q : How do you oversee the employer's use of my personal information?

E-Verify requires every employer participating in the program to sign a Memorandum of Understanding (MOU) that requires the employer to safeguard the information it receives from the Social Security Administration (SSA) and the Department of Homeland Security (DHS), and to ensure that it is used only for purposes provided for in the MOU. In addition, the employer must acknowledge that the information it receives from SSA is governed by the Privacy Act (5 USC Section 552a) as well as the Social Security Act (42 USC Section 1306A) and that “any person who obtains this information under false pretenses or uses it for any purpose other than as provided in this MOU may be subject to criminal penalties”.

E-Verify has also established an office to monitor employers’ use of the program and promote compliance with correct program procedures. This office will be able to create reports to allow possible follow up with appropriate law enforcement entities in the event fraud and misuse appear to be occurring with the use of the system.