Tag Archives: Social networking sites

New Privacy Laws for Collection and Use of Personal Data of Consumers Focus on Background Checks

In an effort to create stronger privacy protections for consumers, several states passed laws in 2012 regarding the collection and use of Personally Identifiable Information (PII) of applicants and employees by employers during background checks, or had important privacy regulations passed in previous years take effect. In addition, the Federal Trade Commission (FTC) is requiring nine data broker companies that collect and sell personal information of consumers to reveal their privacy practices or lack thereof. The increased regulations for greater privacy protections for data collected during background checks is Trend Number 4 of the 6th Annual ‘ESR Top Ten Background Check Trends for 2013’ available at http://www.esrcheck.com/Top-Ten-Background-Check-Trends-for-2013.php. Continue reading

California Proposition 35 Requiring Sex Offenders to Disclose Internet Information Temporarily Blocked by Judge

A federal judge has temporarily blocked implementation of California Proposition 35, Californians Against Sexual Exploitation Act (“CASE ACT”), a new law overwhelmingly approved by 81 percent of voters on Election Day that contains a requirement for the state’s approximately 73,000 registered sex offenders to disclose online screen names and Internet service providers to law enforcement. A report from KTVU Fox Channel 2 News in Oakland, CA about the blockage of Proposition 35 is available at http://www.ktvu.com/news/news/state-regional-govt-politics/judge-temporarily-blocks-prop-35-internet-disclosu/nSz4t/. Continue reading

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

Webinar Shows How to Legally Use Criminal Records and Social Media Searches in Background Checks

To help show employers how to conduct legal background checks, Jared Callahan of Employment Screening Resources (ESR) will present a webinar with Business & Legal Resources (BLR) titled ‘Background Checks: How to Legally Use Criminal Records, Social Media Searches, and More’ on Thursday, September 13, 2012 from 10:30 a.m. to 12:00 p.m. PST (1:30 to 3:00 p.m. EST). For more information about the webinar, visit: http://catalog.blr.com/product.cfm/product/30744400. 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

Top 10 Trends for Background Checks in 2012 Reviewed in PIHRA Webinar on May 18

To help Human Resources professionals understand the current trends, best practices, and legal developments affecting due diligence and hiring, Attorney Lester Rosen, CEO of Employment Screening Resources (ESR), will present a webinar titled ‘The Top 10 Trends for Background Checks in 2012’ for the Professionals In Human Resources Association (PIHRA) on Friday, May 18, 2012 from 12:00 PM to 1:00 PM Pacific Time. To register for this program, which is approved for 1.0 general recertification credit hours toward PHR, SPHR, and GPHR recertification through the HR Certification Institute, visit: PIHRA Webinar ‘The Top 10 Trends for Background Checks in 2012’. Continue reading