As of late, many employers have been requesting secure information and passwords related to the social networking accounts of their employees. Some states, like Maryland, have combatted this invasion of privacy by instituting policies of their own to make this behavior illegal -- but that is not enough.
Facebook Execs. Advise Against Asking for Passwords
Bank Account PINs, Social Security Numbers, and your house keys -- all things that you wouldn't just hand over to your boss. According to Orrin Kerr in an interview with Forbes Magazine, an employer demanding a Facebook password from an employee is as egregious as asking for his house keys would be -- but in more than 40 states, this is allowed, and Facebook is not happy about it. Facebook executives issued a statement saying "[t]his practice undermines the privacy expectations and the security of both the user and the user's friends... [asking for private login information] also potentially exposes the employer who seeks this access to unanticipated legal liability."
Being Asked For Personal Information Puts Employees In Tough Spots
Ask any person if, in this economy, they could afford to lose their job and most would look at you like you were crazy. With this in mind, it is easy to see how employers threatening job termination or denial of a position on the grounds of an employee not sharing personal information could lead to a confusing situation for the job applicant. In many cases, including one here in Maryland, this is exactly the scenario that plays out. Robert Collins, an officer in the Maryland Department of Corrections, was undergoing his recertification interview when his employer demanded his Facebook password, although reluctant to provide the information he "really needed [his] job and [the employer] implied that this was a condition of my recertification."
43 States Do Not Have Laws Protecting Employees' Personal Information
If Robert's case had happened in nearly any other state than MD he would not have fared nearly as well, as most other states do not have laws to protect employees' personal information. Even in nearby Virginia it is required that "Anyone seeking to become a Virginia state trooper must make available the contents of his or her social media accounts -- including private profiles -- as part of the department's extensive background-screening process." Although the argument can be made that this is to ensure safety and solidarity amongst the ranks of Virginia's state troopers, the fact of the matter is these applicants are people and their private property should remain just that, private. The Fifth Amendment guarantees that private property shall not be taken for public use and this practice of requiring private passwords denies just that right.
Although not every state thinks it's wrong for an employer to demand access to private information, Facebook and other social networking sites view this as a serious security hazard and have put their own measures into effect to keep this password 'sharing' in check. As a Facebook user you must agree to their Privacy Policy and in that policy you are not allowed to share your password with any other person -- for better or for worse, at least Facebook is on your side.
Employers asking for private information, such as social networking passwords and bank account PIN numbers, seems excessive, even in this world where high security is often needed. Facebook is upset that employers are demanding logins and passwords from future employees. Facebook’s Chief Privacy Officer Erin Egan wants to make sure that Facebook users know Facebook does not support this (http://bit.ly/UlCMDo). This article also brings up the implications that employers may get themselves into by looking at private Facebook pages. It’s possible that an employer could face discrimination charges if they see something such as a political group or another protected group on Facebook. It just doesn’t seem worth it for employers to ask for this private information given the consequences it could have.
ReplyDeleteIt is comforting to know that Facebook is on our side of keeping our password and personal information a secret from the public. I believe that having to give your password to employers is rather ludicrous, boarder line crazy. The problem is how far will they go to get sensitive information that is really none of their business to begin with. Will they begin to require us to give them our email passwords or even better, our bank pin numbers? On Pennvill.com (link taken from http://www.pennlive.com/midstate/index.ssf/2012/03/would_you_give_your_facebook_p.html) I found a poll conducted by them asking if employers should have access to job applicants' private social networking accounts and 95.48% voted no. This just goes to show that no one believes this should be legal or even allowed because it does violate our Fifth Amendment right.
ReplyDeleteIn some cases, I personally believe that it is OK for the government to have access to potential employers social network accounts. In other cases, it is not OK. However, people are not as secure as they may believe. The Fast Company states that, "given the rising popularity of social networks, it’s little surprise that there have been several high-profile breaches of security on sites as huge as MySpace and Facebook." (http://www.fastcompany.com/1030397/privacy-and-security-issues-social-networking) Meaning, people are more susceptible to others viewing seemingly "private" content then they are led to believe. So I think we need to question, is something truly private?
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ReplyDeleteIf the employers are keep asking employees about their private information such as Facebook passwords, bank account PIN numbers, it would result serious problem in the future. The employers do not have right to ask their employees to provide personal information. As Abby discussed in eportfolio, especially, Facebook is extremely private space that provides different kinds of information about that person. Since people post their personal interest on Facebook, providing passwords to employer could largely affect employees in their workplace. The employers could change their view on particular employees simply due to information and personal life on Facebook. In article on this website, it says this problem is becoming constitutional concern. There is a quote in the article by Senator Schumer. “In an age where more and more of our personal information—and our private social interactions—are 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. This is especially important during the job-seeking process, when all the power is on one side of the fence.”(http://verdict.justia.com/2012/03/27/can-employers-legally-ask-you-for-your-facebook-password-when-you-apply-for-a-job). It is significant to protect personal information ourselves because we have a right to decide what to do and to protect ourselves. The problems related to this have to be solved by negotiation between social networking site and congress.
ReplyDeleteAs a Maryland resident it is comforting to know our privacy rights are protected. As for the citizens of the 43 other states in this nation who are not fortunate enough to have their rights protected, they would agree that more needs to be done to ensure that they will never have to turn over private information to an employer. On the other hand, I also have to wonder whether certain types of information are more private than others. To me, there is a significant difference in the level of privacy that comes with accessing someone’s bank account or accessing their Facebook. New laws should make note of what is considered pertinent information to employers/schools/recruiters and what is considered crossing the line when asking for access to personal information.
ReplyDeleteUnless my employer would like to put some extra cash in my bank account, then they have no business lurking through my private belongings. Yes this is considered private property social media accounts, bank accounts the whole nine. This puts employers in a tough situation if they find out things about an employee and can be used for grounds of discrimination if the employee is either terminated or not given the job. You can read this article on security issues and discrimination. (http://www.huffingtonpost.com/2012/08/22/california-social-media-privacy-bill_n_1822517.html)
ReplyDeleteMy advice, do not post nothing on your social media account that will hinder you from getting a job. And have all accounts private and only request people that you know on Facebook not your neighbors cousins, sister’s friend….
I thought this was a very good topic of interest. I found myself very interested throughout. This was well written. I was very curious to know more about employers demanding Facebook passwords. I actually hadn’t heard much about this. I heard more about employers looking up their employees or possible employees. I think in some cases are alright but it shouldn’t make or break a person’s chance. I personally think it is an invasion of privacy to demand a Facebook password. Of course this is a constantly changing and adapting world, so new ways of employment or inevitable, but this all seems extreme. I believe there should be a difference between work life and home personal life. Although, seeing personal information can show or say a lot about one’s character, it doesn’t necessarily give any hint to if that person holds the proper skills to do the job they are applying for, which is the key point of employment.
ReplyDeletehttp://www.businessinsider.com/empoyers-ask-for-facebook-password-2012-3