Tag Archives: Privacy

OOIDA Members Lawsuit Challenges FMCSA Pre-Employment Screening Program

Class Action Lawsuit Blogs

Written By ESR News Blog Editor Thomas Ahearn

Six members of the Owner-Operator Independent Drivers Association (OOIDA) have filed a class action lawsuit in federal court in Boston, MA against the Federal Motor Carrier Safety Administration (FMCSA) under the Federal Privacy Act, according to a press release from OOIDA. The lawsuit charges that the FMCSA is “unlawfully disseminating reports of driver safety records to potential employers.” The class action complaint is available here. Continue reading

Should Job Applicants Using Social Media Expect Privacy?

Written By Thomas Ahearn

ESR News Blogs about PrivacyExpectations of privacy rights on social media websites is buttressed by the fact that users must agree to “terms of use” that typically do not allow commercial uses which can include screening job candidates, according to the article Does an Applicant on the Internet Have a “Reasonable Expectation” of Privacy? Part II by Attorney Lester Rosen, Founder and CEO of Employment Screening Resources® (ESR). The complete article is available on the RecruitingTrends.com at http://www.recruitingtrends.com/thought-leadership/575-idoes-an-applicant-on-the-internet-have-a-reasonable-expectation-of-privacy-part-ii. Continue reading

Privacy Big Issue when Recruiting Applicants on Internet

Written By Thomas Ahearn

RecruitingPrivacy is a significant issue when using the Internet for recruiting job applicants as more employers rely on social media as a key source from which to acquire talent, according to the article ‘Is Using the Internet to Recruit a Violation of an Applicant’s Privacy? Part I’ on the Recruiting Trends web site by Attorney Lester Rosen, Founder and CEO of Employment Screening Resources® (ESR). The complete article is available at http://www.recruitingtrends.com/thought-leadership/570-is-using-the-internet-to-recruit-a-violation-of-an-applicant-s-privacy-part-i. Continue reading

Tennessee Passes Employee Online Privacy Act of 2014

Written By Thomas Ahearn

Blogs about PrivacyTennessee Governor Bill Haslam has signed a password protection law – the “Employee Online Privacy Act of 2014” (S.B. 1808) – which will prevent employers in the state with one or more employees from requiring employees and job applicants to disclose usernames and passwords for their personal internet accounts except under certain circumstances. The full text of this new law, which takes effect January 1, 2015, is available at http://www.capitol.tn.gov/Bills/108/Bill/SB1808.pdf. Continue reading

FTC Issues Report Examining Data Brokers

Written By Thomas Ahearn

Data BrokersThe Federal Trade Commission (FTC) has issued a report – “Data Brokers: A Call for Transparency and Accountability” – that claims data brokers operate with a fundamental lack of transparency and recommends Congress consider enacting legislation to make data broker practices more visible to consumers and to give consumers greater control over their personal information collected and shared by data brokers. The FTC report, the result of a study of nine data brokers representing a cross-section of the industry, is available at http://www.ftc.gov/system/files/documents/reports/data-brokers-call-transparency-accountability-report-federal-trade-commission-may-2014/140527databrokerreport.pdf. Continue reading

Louisiana Passes Personal Online Account Privacy Protection Act

Written By Thomas Ahearn

Blogs about PrivacyLouisiana Governor Bobby Jindal has signed House Bill 340 (HB 340), the Personal Online Account Privacy Protection Act into law to prohibit employers in the state from requesting or requiring access to the personal online accounts of job applicants or employees effective immediately. The full text of HB 340, the Personal Online Account Privacy Protection Act is available at http://www.legis.la.gov/legis/ViewDocument.aspx?d=908152&n=HB340 Act. Continue reading

International Data Privacy Day Celebrated on January 28

Data Privacy Day (DPD) is an international holiday celebrated annually on January 28 in the United States, Canada, and 27 European countries in an effort to empower and educate people on protecting their privacy, controlling their digital footprints, and making the protection of data a great priority in their lives. To learn more about DPD, visit http://www.staysafeonline.org/data-privacy-day/about. Continue reading

New Jersey Limits Ability of Employers to Access Social Media Accounts of Employees and Job Applicants

New Jersey Governor Chris Christie has signed into law Assembly Bill A2878/S1915 that limits the ability of employers to require employees and job applicants to disclose user names, passwords, or other means for accessing social media accounts such as Facebook, LinkedIn, and Twitter or other services through electronic communications devices. The full text of New Jersey Assembly Bill A2878/S1915 – which takes effect December 1, 2013 – is available at http://www.njleg.state.nj.us/2012/Bills/A3000/2878_R4.PDF. Continue reading

Social Media Password Privacy Laws Passed in Several US States in Recent Months

Legislation has been introduced or is pending in at least 36 states so far in 2013 to prevent employers from requesting usernames and passwords to social media websites and personal Internet accounts of employees and job applicants, according the National Conference of State Legislatures (NCSL). Eight states – Arkansas, Colorado, Nevada, New Mexico, Oregon, Utah, Vermont, and Washington – have enacted such legislation in 2013. A current list of all social media password privacy legislation is available at http://www.ncsl.org/issues-research/telecom/employer-access-to-social-media-passwords-2013.aspx. Continue reading

New California Case Underscores Employers Confidential and Privacy Obligations Regarding Employment Screening Background Reports

A new California privacy case underscores the need for employers to respect the privacy of job applicants and maintain confidentially, regardless of whether information is shared in written form or in conversation. Although the case did not involve background checks, it concerned discussion of an employee’s personal medical condition with co-workers. The case is Ignat vs. YUM! Brands, Inc. filed March 18, 2013 for the California Fourth Appellate District. Continue reading