Condition of Employment: Facebook Login and Password?
You have the right to remain silent … about some things . . . when interviewing for a job. It's well known that some questions are off-limits because, for example, they could imply a discriminatory intent. But, do you have the right to keep your Facebook password and login info to yourself when you’re applying for a job? The ACLU says that you do, and they’re going after the Maryland Division of Corrections (MDOC) over the issue.
According to the ACLU, the Division of Corrections “has a blanket requirement that applicants for employment with the division, as well as current employees undergoing recertification, provide the government with their social media account usernames and personal passwords for use in employee background checks.”
An NBC report states that the MDOC simply wanted to make sure that their employees are not engaged in any illicit activities. The MDOC has issued their own statement, defending and explaining their actions: “DPSCS reserves the right to inquire about a possible candidate's Facebook account during the hiring or re-certification process. However, it does not require/demand it as stated in the ACLU release. A candidate's refusal is not grounds for disqualification.”
The motives of the ACLU and plaintiff are not our concern. Neither is MDOC’s claim that a candidate or current employee will not be prejudiced by failing to disclose his or her Facebook information. What we do find interesting is that once again, the issue of electronic privacy within the workplace has arisen, and the courts are being forced to examine how far employers can go, and what liability the employee has.
The latest news is that the MDOC policy has been pulled for the next 45 days as it goes under review. However, as we have said in these columns before, there should be no realistic expectation of privacy anywhere on the internet. Facebook, currently popular and with a high profile, tends to be in the middle of these controversies but the concern should not be limited to this one service.
