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Is It Legal For An Employer To Ask For Your Facebook Password

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Is It Legal For An Employer To Ask For Your Facebook Password

Although these cases involved current employees, the courts reasoning does not clearly distinguish between employees and applicants. As of nowwhen the legality of an employers asking for an applicants Facebook password is still in fluxit would be prudent for Facebook users to review their walls and Timelines and delete any information they think might be prejudicial in an employment setting. In this case, however, Facebook appears to see eye-to-eye with legislators. Explore Fosters work-compatible MBA programs. And even if the law changes, we all will still face risks with respect to frequent use of social media. The Foster MBA: Come here. In a blog post, Erin Egan, Facebooks Director of Privacy, said that the practice undermines the privacy expectations and the security of the user and his Facebook friends. ti.me -->. Put simply, the company combs through your publicly-available Facebook and Twitter postings and other online activity, collecting information for use by potential employers. Free Consultation Name* Phone*Email Interested In:Business/CorporationsCriminal DefensePersonal InjuryMedical MalpracticeReal EstateMunicipal ServicesEstate PlanningOther . Thus, limits must be placed on employers. Since prospective employees, by definition, do not have an established work relationship with the employer and have not used company computers to make postings, it would seem that the argument that requiring them to give over their Facebook passwords is a violation of the SCA would be even stronger. Please add mock names and url to this page's yaml. The attorney listings on this site are paid attorney advertising. Two key cases are Pietrylo v. Please seek professional legal assistance by contacting a Northwest Indiana Lawyer from our team!. Her bill would expand the prohibitions on what employers can ask applicants to provide, to include personal email. A Word From Our Sponsors More than buzzwords, machine learning and data science are making a real impact and you can be part of it Read More Hughes Marino Corporate Real Estate Advisors Now in Seattle Learn more about how we can help you find your dream workspace. Moreover, with Facebooks new Timeline feature, employers who review would-be employees Facebook accounts will have access to information from their remote pasts, as well as from the present. Two managers learned of the site and requested a password from an employee. After all, Facebook has allowed us to decide who our friends will be for Facebook purposes, thus putting us in the role of gatekeeper. We're sorry. In Massachusetts, state Democratic Rep. While it may appear that a job seeker is voluntarily giving over his or her password as part of his or her candidacy, the senators wonder whether requiring applicants to provide login credentials to secure social media websites and then using those credentials to access private information stored on those sites may be unduly coercive and therefore constitute unauthorized access under both SCA and the CFAA.. Meanwhile, Maryland and Illinois are considering bills that would bar public agencies for asking for social media passwords. Jump toSections of this pageAccessibility HelpPress alt + / to open this menuRemoveTo help personalize content, tailor and measure ads, and provide a safer experience, we use cookies. .. In a statement, Senator Schumer justified his investigation as follows: In an age where more and more of our personal informationand our private social interactionsare online, it is vital that all individuals be allowed to determine for themselves what personal information they want to make public and protect personal information from their would-be employers. While Facebook is not completely private, it has felt sufficiently private to encourage users to post personal detailsdetails that they assumed would not be used for job decisions. Court of Appeals for the Ninth Circuit. In this column, I will discuss these efforts to prohibit employers from accessing Facebook pages as part of the interview and selection process. Thus, last Friday, Facebook warned employers not to ask job applicants for their Facebook passwords in order to poke around on their profiles. English (US) Nederlands Frysk Espaol Portugus (Brasil) Privacy Terms Advertising Ad Choices Cookies More Facebook 2018 -->. With the law currently murky, the Senators aim to fill in any gaps, in order to better protect employee privacy. Design Mocks No mocks found. Will Employers Asking for Facebook Passwords Facilitate Illegal Discrimination?. By clicking or navigating the site, you agree to allow our collection of information on and off Facebook through cookies. Employers Will Still Look at Your Public Facebook Profile if They Cant Access Your Private Postings . Get there 5a02188284
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