The state of California has passed a law that prevents employers from requiring you to provide your login information for social media sites, with a companion bill that prevents universities from doing the same. Similar legislation is being considered on the national level (Kerr 2012). These laws are designed to protect users from invasions into their privacy. While I do appreciate what this law is attempting to do, it has brought some interesting questions to my mind about ownership of what I publish and where it goes once I publish it, and where further regulation and education might be needed.
1) Does Facebook own your posts?
When I post something to social media, is it then the property of that agency I used to post it? These agencies are paying for the servers, the buildings they are housed in, and utilities to keep this process going. I am sending it to them with the expectation that they will send it into the world for others to view. Some providers will send it to a list of friends that I have approved, some send it to anyone interested, but they are all being published and stored by that company. If that agency wants to data-mine what I have provided to them and use it for targeted advertising, what rights do I have to complain about privacy? I sent it out to be made public, and that is what has happened.
2) Is the law designed to protect something that isn’t really private?
Considering the fact that I have posted my article under a public website, why should I have any expectations of privacy? This law is aimed at protecting my password, but what about the only thing this password covers, my data? This law doesn’t say they can’t Google my information and act on what they see there. Some data is still publicly available; it seems even with the strictest privacy settings. How important can it be to see this data from my vantage point rather than from the outside?
3) What were the employers looking for?
What better way to gauge a perspective employee than to see what they have placed as their public identity? If this data is being used to support focused advertising campaigns by the service provider, why is it any worse to use it as a form of assessment by employers? What if the field they are going into is a high risk area and the data is used to weed out dangerous behavior? I am certain there are traits that would not be beneficial in nursing and law enforcement that could be evaluated by five minutes on an applicant’s Facebook page. Would we want someone less than qualified or even dangerous in these fields?
I am glad that social media privacy is an issue, and that steps are being made to protect users. However, it seems to me that more thought and effort should go into the side of the service providers and what they do with the data, rather than the situations covered by this new legislation. Stricter regulation and transparency of data collection and storage to me is a much larger issue, with the potential for a lot more invasion into my privacy then what is addressed by this law.
Kerr, Dara. “Calif. law passed to halt employer snooping on social media”. C NET. CBS Interactive, Inc. 27 Sept. 2012. Web. 30 Sept. 2012.
This post was really thought-provoking for me. When you think about it, it would make sense that the site, whatever it may be, “owns” in a sense whatever anybody posts on it. They are providing the means for us to send whatever to whomever, and like you said, paying for it and whatnot. That point made me think about cell phones: for example, does Verizon own whatever texts I’m sending? Or email: does Google or Yahoo own what we’re saying in our emails?
While it makes sense that these sites or companies would own what we are posting to them or sending through them, it’s also sort of questionable. I want to be able to communicate with friends and family via the internet and my cell phone, but because there are only certain companies who can supply this to me (meaning I can’t set up my own Facebook type system so I can own what I say) it’s kind of… a lose-lose that whatever website owns whatever I post. It sort of sucks. Say I posted some crazy, brilliant poem or something on Facebook. Could the owners of Facebook take that and publish it on their own accord? Now I’m just kind of thinking out loud, but that’s an example of why I sort of feel cheated by this rule, even if it does make perfect sense. Anyway, I do think that employers should be able to look up your online profile as in “google” your name and see what comes up. I don’t really think it’s just to allow them to hack into your online profiles, though. Would I give a potential employer my bank statement that lists what I’ve been buying with my debit card? It just seems a little too personal. While I do agree that certain disqualifying characteristics may be discovered via this method, I feel that there are other ways an employer could “weed out” people with undesirable qualities for a certain job. Then again, I feel like that could also get a little too personal for my tastes. Geez, this is kind of stressful to think about. I kind of wish you could tell somebody’s moral character and values just by looking at them! Then again I don’t…
Brad made some really good points in this blog post. I agreed with much of what was said, including that the law, alone, is not enough to protect one’s privacy. The social media sites that convey our data to the public should be more strongly regulated, rather than the laws that affect an employer’s ability to access this data. Should we have to disclose our login information to potential employer’s or other agencies? Part of me says yes, and part of me says no. Yes, employers definitely have a right to know information about people that they are considering to hire. Then again, users of social networks may not have an accurate, digital portrayal of themselves on these sites. From personal experience, I have found that most people tend to only post things on Facebook that make themselves look good to others. Notice I said most, because there are always those few individuals that seem to think it’s a good idea to have pictures on their profile with alcohol in their hands. Anyways, if employers wish to find accurate information about potential hires, then I believe that they should use other methods than accessing their online profile(s). In reference to the newly instated laws in California that restrict employers from obtaining individuals’ login information for social networks, I personally believe that these laws do violate the privacy of these networks’ users. Could accessing user profiles to find information of potential hires be helpful to employers? Yes, it definitely could. I would argue that the cons greatly outweigh the pros that would result from entitling this power to organizations. I stand by Californian government in their decision to prohibit this action to employers and other organizations.
I think this is a very interesting topic that we haven’t covered much yet in class. Quite frankly, I’m not sure whether I agree with this law or not. Employers have been able to run background checks on potential employees for years, but with recent advances in social media, has the meaning of a background check changed? I understand that many people feel it is unfair to be judged on their online profile, and I agree with this to a point. I don’t think someone should feel they need to act professionally on their online profile in order to not scare off potential employers, because, honestly, who acts professional all of the time? Your online profile is a place to connect with friends, share your feelings, and represent yourself digitally. Now, while I don’t feel the need to keep the appearance of my Facebook page strictly professional, that doesn’t mean I go crazy and post inappropriate statuses or comments. There’s an old saying that goes something like: “If you wouldn’t want to tell your grandmother about it, don’t do it.” I think this can be loosely translated for online privacy, if you don’t want certain people to know about it, don’t post it where they can get access to it.
Employers are given applications, resumes, and references to judge whether a candidate is capable of a job. They are able to get a feel for someone’s personality during the interview. Many jobs also have a probation period so they can be certain the employee is the right fit for the job. So, in this respect, I don’t feel it is necessary for employers to access your online profile. I don’t believe an online profile has much to do with your qualifications or skills. While making sure the person is reputable overall is important, this is where the other resources (references, background check) come into play.
I’m still not exactly sure where I stand on this issue. I can see some instances where employers checking someone’s Facebook page would provide them with information that would influence their decision to hire the person, but I tend to view this issue from my own perspective. I, personally, keep a relatively “clean” Facebook profile, consequently, I would have no problem with it being viewed by my employers. I also understand why, to many, this is a concerning issue, but if you’re so worried about your employers finding out about “the real you” (or at least the “you” you portray online) then maybe you’re not the right fit for the job.
This is an interesting topic to discuss. I don’t think that employers should have the right to an employee’s login information. In response to point 1 I would argue that if the proper privacy settings are in place the individual posting the material should have that material kept private. Although Facebook has a right to data mine, I don’t think that employers should be able to review the entire online history of an employee. If employers gained access to Facebook profiles, what stops them from demanding browsing history or personal emails? However, I would agree that it is a good idea for employers to view their prospective employees’ public profiles in order to get background information about them. If the applicants are tech savvy they will have used their profiles to make themselves look good.
This post was really provoking to me as well. I agree with what the bill is attempting to achieve, but I don’t think it can cover the ways employers can access personal information through social networking. I feel like requiring an employee to submit his account information is unethical. It may allow an employer to gain background information on potential employees, but there is a reason for privacy settings and the concept of “friends,” such as on Facebook. We send or accept friend requests based on who we wish to allow access to our information. There is a reason why I don’t have my boss as a friend on Facebook. That is because I would not want his view of my professional life to change based on personal things posted by me or my friends. Even if nothing was posted about me, his opinion of me could be changed based on the other people I am connected with and their personal lives. If I have a friend that posts a picture of him drinking, my boss might associate me with drinking as well. Although information can be accessed by an employer by simply Googling some information, I think intentions of the employee should be the number one priority. When someone joins Facebook, their posts and other information are intended to be seen by only their friends.
Employers should base their opinions on an employer based on their professional lives. After all, the workplace should be strictly professional. You should not have to hide personal information from the people who you want to see it just because someone else might be creeping on your profile.