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Should Employers Be Allowed To Ask For Facebook Passwords?

Read about the current state of the law on employers asking for social media login information.

by Long Island Attorney Paul A. Lauto, Esq.

Today many employers and potential employers are asking for Facebook passwords, in order to gain access to an employee or potential employee's social media.  All too often, the result is an employee losing their job or a potential employee not being offered a job.  But should employers and potential employers be allowed to ask for Facebook or other social media passwords?

In Maryland and effective January 1, 2013 in Illinois, the answer is a resounding "No".  To date these are the only two states to have passed laws precluding employers from asking for social media logins.  Senator Charles Schumer (D-NY) and Senator Richard Blumenthal (D-Conn) have asked the Federal Justice Department (DOJ) and the Equal Employment Opportunity Commission (EEOC), to determine if such employer inquiries violate the Stored Communications Act and/or the Computer Fraud and Abuse Act.  This investigation is currently still pending.

Read further details on the current state of the law on this issue, in our latest Scales of Justice blog at http://www.liattorney.com.

 

AJ August 3, 2012 at 07:05 pm
Yes, they should be allowed, if the person has something to hide you might not want them working at your business. If the person is complaining about a injury then they start working for you and claim worker comp.
localguy August 4, 2012 at 03:17 am
No way should we be giving passwords to personal accounts. I can understand potential employers wanting to have the ability to see the same posts that everyone else does but the passwords? Seriously, don't we all have a little something to hide? You'd be lying if you said no.
AJ August 4, 2012 at 03:24 am
nothing to hide, no big deal.
robkoz August 5, 2012 at 12:38 am
So according to YOU, the TSA is violating your rights before you get on a plane so you don't blow it up or cause harm to other passengers but a company forcing you to hand over a password to your personal life is NOT violating your rights?
You're a strange bird ANNMARIE.
robkoz August 5, 2012 at 12:39 am
The same would go for getting on an airplane then?
DaddyGuru August 5, 2012 at 06:47 pm
What next ,where will it stop, will they want a key to our house ,so they can check personal papers , phone answering machine, mail, invade our parties and dinners to see what type of friends we have ,or what our opinions might be. or maybe our bedroom decorating skills , or what brand toilet paper we use. Its imposable to tell what info they deem will be important or useful to them .
The only thing I know is its none of there business!,
John Gruber August 5, 2012 at 08:01 pm
her line of thinking follows no sort of logic at all. according to her the TSA and vaccines are out to get you. Someone needs to stop watching the news and get off the internet
Adam Rooney August 6, 2012 at 01:54 am
This touches on a much bigger problem, but the short answer is NO, they should be asking and you should not be providing. The bigger problem is that in this connected generation, people have lost the ability to filter what they post. It would seem that the having the option to "share" the details of your life has become an obligation for many people. Generally speaking if there is something that you don't want 1 particular person to find out about, then don't post it for others to see at all. Because once its out there, its out there.
As for Annemarie, using the example of someone claiming a pre-existing on workers comp, as a reason to allow a company to invade ones privacy is just dumb. Based on that rationale, you would also have to let them into your home to sweep for painkillers before you got hired, along with allowing them access to all your friends and family for interview regarding your health.

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