There’s no question that the Internet and the dominance of social media blur the line between public and private.  No matter what is shared online, even when put on “restricted” to acquaintances or a select few viewers via privacy preferences, is just a few mouse clicks away from being in the public sphere.

Now that so much is shared online, it’s not a big surprise that employers, hiring manager and admissions officers have started searching employees’ and applicants’ facebook and twitter accounts. It may seem like a violation, but public accounts on social media platforms are easily available and are presumed to only contain information that the user is comfortable with having known.

Some companies, schools and government agencies are taking this a step further and demanding social media passwords from their employees and applicants.  It’s becoming increasingly popular. Checking social media sites this way, is called “shoulder surfing” because the employer is seeing everything done, not just the public information chosen for them to see.  All the work done of adjusting privacy settings to limit what some friends, family and others see is useless. Once the login is given, the company has full access to the account

There are no laws specifically protecting the social networking privacy of job seekers and employees. But, employers must be careful because there are discrimination issues if  the company selectively asks for information from some candidates, but not from all.  Employers, though, stand firmer if passwords are given voluntarily rather than checking up using other methods.

It’s important for companies to have guidelines in place when conducting social networking research on job applicants. If there is a policy regarding social media, then there is protocol that will apply to all candidates/employees and no potential discrimination issues.

Facebook, issued its own statement:

As a user, you shouldn’t be forced to share your private information and communications just to get a job.  And as the friend of a user, you shouldn’t have to worry that your private information or communications will be revealed to someone you don’t know and didn’t intend to share with just because that user is looking for a job.  

[….] We don’t think employers should be asking prospective employees to provide their passwords because we don’t think it’s the right thing to do.

While statements like these from professional organizations and social media sites themselves are critical steps toward marshaling public opinion against coercive hiring practices, they provide no recourse for those who have been pressured to reveal their passwords as a condition of employment.

A number of state legislatures have made it illegal for employers or other administrators to demand access to private social media accounts.  Ohio is among 14 states that have enacted legislation that prohibits requesting or requiring an employee or applicant to disclose a user name or password for personal social media accounts

Ohio
S.B. 351
Status: June 12, 2012. To Senate Committee on Insurance, Commerce and Labor.
Prohibits employers, employment agencies, personnel placement services, and labor organizations from requiring an applicant or employee to provide access to private electronic accounts of the applicant or employee.

For privacy legislation to be enacted across the country at the state level will take time that could clearly be saved with a national bill.  The Social Networking Online Protection Act (SNOPA) was  submitted in April to the House,  and would go a long way toward ensuring the privacy of employees, job applicants and those applying to college.

We need solid safeguards to protect against coercive hiring and admissions practices, and to maintain a sane sense of personal space beyond the prying eyes of our bosses and administrators. As social media continues to solidify as routine means of communication and expression, the importance of these protective measures only increases.

The Bottom Line:  Employers, organizations and schools have a right to protect their reputations, which includes some oversight on individual behavior (both virtual and otherwise) to the extent that it is public. Poking around the private accounts clearly crosses this boundary, and comes dangerously close to “thought policing”.  If you think you have been discriminated against due to “social media stalking”, call me.  I can help.  Put my number in your mobile:  513-260-2099