Tag Archives: social media background check

California Social Media Privacy Law AB 1844 Prohibits Employers from Demanding Usernames and Passwords from Applicants and Employees

On September 27, 2012, California Governor Edmund G. “Jerry” Brown Jr. announced that he had signed Assembly Bill 1844 (AB 1844) to increase privacy protections for social media users in the state by prohibiting  employers from demanding usernames, passwords, and information related to social media accounts such as Facebook from employees and job applicants. The new law also bans employers from firing or disciplining employees who refuse to divulge the information. The full text of California Assembly Bill 1844 (AB 1844) is at: http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201120120AB1844&search_keywords=. Continue reading

Safe Hiring Expert to Speak about Social Media Background Checks at ASIS International 2012 on September 10

Attorney and safe hiring expert Lester Rosen, Founder and CEO of background check firm Employment Screening Resources (ESR), will speak on the topic of ‘Using Social Networking Sites, Search Engines, and Web 2.0 to Screen Applicants: Caution Advised!’ on Monday, September 10, 2012, from 1:45 PM to 3:00 PM EST at the ASIS International 58th Annual Seminar and Exhibits in Philadelphia, Pennsylvania. For more information about Rosen’s session at ASIS International 2012, visit: http://www.asis2012.org/. Continue reading

Illinois Law Prevents Employers from Demanding Social Network Passwords from Employees and Job Candidates

A new law makes Illinois the second state to prevent employers from demanding social network passwords as Governor Pat Quinn recently signed legislation – House Bill 3782 (HB 3782) – that protects the right to privacy of current employees and job applicants by making it illegal for employers to request social network account information such as usernames or passwords to gain access to their accounts or profiles. The full text of the law, which takes effect January 1, 2013, is available here: Illinois House Bill 3782 (HB 3782). Continue reading

New Louisiana Law Requires Sex Offenders to List Status on Social Media Websites Starting August 1

New Louisiana legislation authored by State Representative Jeff Thompson (R-Bossier City) and signed into law by Governor Bobby Jindal – House Bill No. 249 – will expand sex offender registration requirements by requiring sex offenders and child predators to state their criminal status on social media websites such as Facebook starting on August 1, 2012. The full text of the new law is available at: http://legiscan.com/gaits/text/637699/Louisiana-2012-HB249-Engrossed.pdf. Continue reading

Social Network Screening by Employers May Make Companies Unattractive to Job Applicants

Employers that implement online screening practices such as social networking searches through social media sites like Facebook may be unattractive or reduce their attractiveness to job applicants and current employees alike, according to research from a study conducted on the effects of social media screening in the workplace presented at the 27th Annual Society for Industrial and Organizational Psychology (SIOP) Conference in San Diego in April 2012. For more information, read the article ‘Judging a Facebook by Its Cover’ on the SIOP website at http://www.siop.org/article_view.aspx?article=991. Continue reading

FTC Fines Data Broker Spokeo 800000 Dollars to Settle Charges of Violating Fair Credit Reporting Act

In the first Federal Trade Commission (FTC) case to address the sale of Internet and social media data in the employment screening context, Spokeo, Inc. – a data broker that compiles and sells detailed information profiles on millions of consumers – has agreed to pay a $800,000 fine to settle FTC charges that the company marketed profiles to companies in the human resources, background screening, and recruiting industries without taking steps to protect consumers required under the Fair Credit Reporting Act (FCRA), according to a press release at http://www.ftc.gov/opa/2012/06/spokeo.shtm. Continue reading

California Social Media Privacy Act Prohibiting Employers from Asking Employees and Applicants for Passwords Approved in Senate

The California Senate Committee on Education has approved legislation – ‘The Social Media Privacy Act’ Senate Bill 1349 (SB 1349) – that would prohibit employers from formally requesting or demanding employees or job applicants provide their usernames and passwords to social media sites such as Facebook and Twitter. Authored by Senator Leland Yee (D-San Francisco/San Mateo), SB 1349 would also prohibit public and private colleges and universities from requiring similar information from students. The full text of ‘The Social Media Privacy Act’ (SB 1349) is available at: http://www.leginfo.ca.gov/pub/11-12/bill/sen/sb_1301-1350/sb_1349_bill_20120327_amended_sen_v98.html. Continue reading

New Survey Finds 37 Percent of Companies Use Social Media Sites to Research Job Candidates

According to a new survey on the use of social media sites by employers to evaluate job candidates from CareerBuilder®, the largest online career site in the United States, nearly two in five companies – 37 percent – use social media sites such as Facebook, LinkedIn, and Twitter to research job candidates. An InfoGraphic of the survey, which included more than 2,000 hiring managers and human resource professionals in the U.S. across industries and company sizes, is available at: http://cb.com/HQUCWt. Continue reading

Maryland Passes First Law Prohibiting Employers from Asking Employees and Job Applicants for Social Media Passwords

The state of Maryland has passed the first law in the nation to prohibit employers from asking employees and job applicants for social media passwords. Both Houses of the Maryland General Assembly have approved identical versions of a social media privacy protection bill – Senate Bill 433 (SB 433)/House Bill 964 (HB 964) – that prohibits employers from requesting or requiring employees or job applicants to disclose their user names or passwords to social media websites such as Facebook and other personal Internet sites and Web-based accounts as a condition of employment. (Update: Maryland Governor Officially Signs Facebook Password Law). Continue reading

Facebook Warns Employers Asking Job Applicants for Social Media Passwords May Expose Businesses to Legal Liability

Responding to an increase in reports of employers seeking to gain “inappropriate access” to social network profiles of job applicants, online social media giant Facebook issued a warning to employers in a recent blog posted on the company website – ‘Protecting Your Passwords and Your Privacy’ – that the practice of asking job applicants for their social media passwords “undermines the privacy expectations and the security of both the user and the user’s friends” and could potentially expose businesses to “unanticipated legal liability.” The blog is available at: http://www.facebook.com/notes/facebook-and-privacy/protecting-your-passwords-and-your-privacy/326598317390057. Continue reading