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FB tells bosses to stop snooping

Kathryn McConnachie
By Kathryn McConnachie, Digital Media Editor at ITWeb.
Johannesburg, 26 Mar 2012

Facebook has fired back at reports of employers requesting “inappropriate” access to employees' Facebook profiles, saying the practice undermines privacy and is illegal.

Facebook's chief privacy officer for policy, Erin Egan, says in an official blog post: “As a user, you shouldn't be forced to share your private information and communications just to get a job.”

According to Egan, it is a violation of Facebook's statement of rights and responsibilities to share or solicit a Facebook password. Egan says it is important for all Facebook users to know that they have the right to keep their password private, and that Facebook will “do our best to protect that right.

“We'll take action to protect the privacy and security of our users, whether by engaging policymakers or, where appropriate, by initiating legal action, including by shutting down applications that abuse their privileges.”

Several US lawmakers have also come out in support of Facebook and said they would introduce Bills to prohibit companies from vetting employees by demanding access to private accounts.

According to Reuters, California state senator Leland Yee is quoted as saying: “Employers can't ask, in the course of an interview, your sexual orientation, your age, and yet social media accounts may have that information.”

Yee is said to have introduced legislation on California to prohibit companies soliciting Facebook passwords from job applicants. The New York Times also reports that senator Charles Schumer, of New York, and senator Richard Blumenthal, of Connecticut, have called for investigations into the matter.

Unexpected consequences

According to Egan, employers who access employees' and potential employees' private accounts may face unanticipated legal problems. “For example, if an employer sees on Facebook that someone is a member of a protected group (for example, over a certain age, etc), that employer may open themselves up to claims of discrimination if they don't hire that person."

Last week, the American Civil Liberties Union (ACLU) spoke out about the practice, saying it has received multiple reports of people being asked for their passwords, or being told to “friend” managers. The ACLU is backing legislation to block such practices.

In February, Robert Collins testified before the Maryland Legislature that he was told to hand over his password when reapplying for his job.

“I did not want to do it, but because I really needed my job and he implied that this was a condition of recertification, I reluctantly gave him the password,” said Collins in his testimony. “He then proceeded to log in to my account using my private credentials. I asked him, 'Why are you logging on?' He said, 'I am looking through your messages, on your wall and in your photos to make sure you are not a gang member or have any gang affiliation'.”

Stay out

ACLU legislative counsel Chris Calabrese says: “It's an egregious privacy violation, comparable to poking around in your house or reading your personal e-mail. In a time when we share so much through new technology, we need clear rules to makes sure that we can keep control of our own information.

“One of them should be that a password means 'stay out' - whether you're an employer, a school or the government. And end-runs around password protection, like asking an employee to login so someone can take a look, are also unacceptable.”

A recent study by Eurocom Worldwide showed that close to one in five technology industry executives say a potential job candidate's social media profile caused them not to hire that person. A previous study showed nearly 40% of respondents' companies viewed potential employees' social media profiles.

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