Senators Demand Investigation Into Employers Demanding Facebook Access
- Posted on March 26, 2012 at 9:57am by
Liz Klimas
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Earlier this month, we reported that it was becoming increasingly prevalent for employers and colleges to either ask for passwords or request interviewees pull up accounts for unrestricted access to Facebook profiles. Facebook has issued a warning and now two U.S. Senators are getting involved in what is being called an “unreasonable and unacceptable invasion of privacy.”
Shortly thereafter, the Associated Press released a story documenting more of these requests from employers, and it wasn’t long before Facebook jumped into the issue stating that such activity was a violation of its own policy. Now, Senators Charles Schumer and Richard Blumenthal have asked the U.S. Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Justice to launch an investigation into the legality of this practice.
TG Daily has more from the senators:
“Employers have no right to ask job applicants for their house keys or to read their diaries – why should they be able to ask them for their Facebook passwords and gain unwarranted access to a trove of private information about what we like, what messages we send to people, or who we are friends with?” says Schumer.
“In an age where more and more of our personal information – and our private social interactions – are online, it is vital that all individuals be allowed to determine for themselves what personal information they want to make public and protect personal information from their would-be employers. This is especially important during the job-seeking process, when all the power is on one side of the fence.”
The concern of this practice is that Facebook account snooping could reveal information that employers are not legally allowed to ask, such as religious affiliation, marital status and age to name a few.
Specifically, the senators want to know if this practice violates the Stored Communications Act or the Computer Fraud and Abuse Act. Those two acts, respectively, prohibit intentional access to electronic information without authorization and intentional access to a computer without authorization to obtain information.
The senators also want to know whether two court cases relating to supervisors asking current employees for social media credentials could be applied to job applicants.
“I think it’s going to take some years for courts to decide whether Americans in the digital age have the same privacy rights” as previous generations, American Civil Liberties Union attorney Catherine Crump said in a previous interview with the AP.
In a post on Friday, Facebook’s chief privacy of policy officer cautioned that if an employer discovers that a job applicant is a member of a protected group, the employer may open itself up to claims of discrimination if it doesn’t hire that person.
“As a user, you shouldn’t be forced to share your private information and communications just to get a job,” wrote Erin Egan. “And as the friend of a user, you shouldn‘t have to worry that your private information or communications will be revealed to someone you don’t know and didn’t intend to share with just because that user is looking for a job.”
Blumenthal called this practice an “unreasonable and unacceptable invasion of privacy” and is helping draft a bill to fill in any gaps that current laws don’t cover.
Maryland and Illinois are considering bills that would bar public agencies for asking for this information.
In California, Democratic Sen. Leland Yee introduced a bill that would prohibit employers from asking current employees or job applicants for their social media user names or passwords. That state measure also would bar employers from requiring access to employees‘ and applicants’ social media content, to prevent employers from requiring logins or printouts of that content for their review.
Facebook spokesperson Andrew Noyes said that the company doesn’t have any immediate plans for legal action but did say they plan on “engaging with policymakers and other stakeholders, to help better safeguard the privacy of our users.”
The Associated Press contributed to this report.
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Sniper48
Posted on April 2, 2012 at 8:30amTry boycotting Facebook and other social networks. Hit them in the wallet and you’ll get what you want,,, no matter what. Employers can do whatever they want to that one group with no prepresentation (and therefore no protection)… caucasian males.
Report Post »sapper
Posted on March 27, 2012 at 9:05amhere is an idea. Just don’t have a damned facebook account. If you do, don’t put ANYTHING on it!
I have a facebook account. I only put information on it and allow friends that I would not be ashamed to have my mother read or know. That said, I would simply tell the prospective employer no. If I don’t get the job…..oh well.
I have never had an employer or interviewer ask me for that anyway. If your account isn’t protected they can look at it without a password anyway. If someone pushed the issue I would cite privacy rights of everyone in my friends list who are not seeking employment with them. Frankly, I don’t want to work for someone who would ask for that anyhow.
Report Post »AnimalsAsLeaders
Posted on March 26, 2012 at 9:36pmIf anyone asked me for my Facebook username and password (if i had one…) I would say “sure, give me yours too. After all, I may be working under you, I want to make sure you’re a respectable person.”
Report Post »Mil Mom
Posted on March 27, 2012 at 12:04amDid you ever do a web search of your own name? I did, don’t have Face Book, but several others with my name did, the search engine put me right into their pages, and mine from a separate site, told a lot of people have done so. Try it, they don’t need your password with the right search engine! Anything posted on line is likely to be public. Tried my grandkids names The same happened, anyone with your name can be mistaken for you. It doesn’t take identity theft unless you have an extremely rare name.
Report Post »GhostOfJefferson
Posted on March 27, 2012 at 3:51pmUm, mil mom, your private info on Facebook is still private to that particular account if you mark it as such. If you post on another page that is not locked down, yes, that can be seen. So only Friend people who are smart enough not to have public pages.
Report Post »Rowgue
Posted on March 26, 2012 at 8:53pmThey can ASK you for whatever they want. If you‘re stupid enough to give it to them that’s your problem. The same would apply in the house key and diary comparisons. Until there are accusations that people are being turned away for refusing to give them access to their accounts then this is a non-story.
I think we have more important things to investigate, like why the AG isn’t being held in contempt for failing to produce subpoenaed evidence.
Report Post »daniel1138
Posted on March 27, 2012 at 8:33amYou’re soo “incorrect.“ Have you ever worked for a company run by a ”group” and wondered why you are coerced into working towards promotion, but when you do not join, the “group” youare passed over and not given work? You lose years of your life that you cannot get back. What can you do? You CAN get another job, but the damage is done. There is fraud in the “execution” and fraud by “inducement.” These are what the massive Federal Government is for. Force and Fraud. Just ask Jefferson.
Report Post »Jaycen
Posted on March 26, 2012 at 5:47pmIs anyone surprised it’s Progressive senators who want to tell employers what criteria to use when selecting applicants?
How about this – employees decide what they will and won’t share with potential employers. Let those companies who require personal information die off if they can’t find people stupid enough to give up the information.
That’s the free market in action.
Report Post »daniel1138
Posted on March 27, 2012 at 8:29amYou’re soo “mistaken.” It is called coercion. Have you ever worked for a company run by a cult and wondered why you are passed over and not given work? By the time you figure it out you are out of years of your life that you cannot get back. What is your recourse? You CAN get another job, but at some point the damage is done. There is fraud in the “execution” and fraud by “inducement.” These are what the massive Federal Government is for. Force and Fraud. Just ask Jefferson.
Report Post »drphil69
Posted on March 26, 2012 at 3:15pmJust a diversion – while the govt collects data on all of us to use after the collapse.
Always watch the left hand.
Report Post »COFemale
Posted on March 26, 2012 at 2:36pmIf I went to a job interview and the employer asked for my Facebook account, I would say “What does that have to do with my job performance”. As soon as you say that, their answer must be “Nothing”. That is when you say, “Is me giving this information a condition for employment”, their answer must be NO. Then I would say well then, I guess you don’t need that information, not that I would give it too you anyway. If their answers are anything else, then it is grounds for a lawsuit.
Look, as a female, I am discriminated enough as it is, even with the laws we have now; why would I give them more ammunition? I am 60 – female – good physical health – college educated. Employer’s see me as Old – emotional- high health premiums – college educated.
Report Post »BarackStalin
Posted on March 26, 2012 at 4:04pmI can imagine it’s tough finding work for anyone at the age of 60…and you‘re right that’s not fair…
But it’s not because you are a woman…
Unemployment is currently higher for men than women with the largest gap in the history of this nation…
And female college graduates outnumber males by an astounding 57% to 43%…
Chinamen and robots got your jobs just like the rest of us…we don’t need more affirmative action…
Report Post »Rowgue
Posted on March 26, 2012 at 8:58pmIn my experience over the years I’ve been surrounded by more incompetent women than I can possibly remember. No man has ever been hired simply for being a man. Discriminated against for being a woman? Not since the 1980s.
Report Post »BarackStalin
Posted on March 26, 2012 at 2:23pmI‘d like to see an employer ask a potential hire if they’ve ever had and abortion and see how that works out for them.
But they have to know if you‘ve smoked a joint because THAT’S immoral.
Hey, if they can sniff your urine to determine what you put into your body, why shouldn’t they read your diary?
Report Post »JRook
Posted on March 26, 2012 at 1:21pmSimilar to the government, employers should have no right to examine, investigate, consider or judge the private life of their employees. The trend has been the reverse for far too long. Time to tell employers to judge their workers on performance and performance only. Having met several CEOs from large companies I can tell you they are in no position to question the character of anyone else.
Report Post »Mikev5
Posted on March 26, 2012 at 11:14amI use an alias as most do on this forum and would not give it to an employer even if they asked I would say don’t have one let them prove otherwise.
I think Facebook and all the rest are garbage never used them never will.
Report Post »KansasGirlyGirl
Posted on March 26, 2012 at 2:24pmGotta stand for something or you’ll fall for everything. Just say no to nosy employers, instead of denying who you really are. Why deny it? Who cares? If an employer is asking for this type of information, why would you want to work for them anyhow?
Report Post »NHwinter
Posted on March 26, 2012 at 10:51amWhy doesn’t Congress demand an investigation into Pivens? There is so much going on that Congress ignores. We are being dismantled step by step and no one has the courage to confront the evil that is taking place. We should demand our representatives do something now to investigate all the people trying to take down our system. I have written to my Congressman and asked for investigations, please do the same.
Report Post »Freedom Keeper
Posted on March 26, 2012 at 10:45amHOMESCHOOLING: An Alternative to the Indoctrination Machine, check it out on RedState http://www.redstate.com/truefreak/2012/03/25/homeschooling-an-alternative-to-the-progressive-indoctination-machine/
Report Post »AxelPhantom
Posted on March 26, 2012 at 10:39amI think that this will go to the Supremes.
Can a potential employer demand to be invited to your superbowl party, your kid‘s wedding or your familiy’s Christmas dinner for the purposes of listening into your private conversations and thumbing through your photo albums? Can they demand to conference call in to all of your phone conversations to your friends/family or read your texts on your private phone? Can they bug your house as a condition of employment?
If you are using your computer (not purchased for you by the company) I see little difference between the above and demanding access to the personal/social areas of facebook. I don’t facebook, but from what I have seen of it, it is kind of like your own little “apartment” in cyberspace where you can talk to your “neighbors”, throw a little party and share the happenings of your life with friends.
Report Post »Jenny Lind
Posted on March 26, 2012 at 2:31pmYou are right, but I would worry about the court looking at it, lately the government seems to want to know all your business.
Report Post »Joisey
Posted on March 26, 2012 at 10:34amObama demanded to know internet aliases of applicants for jobs with his administration.
Report Post »Itsjusttim
Posted on March 26, 2012 at 10:22amHaha. America’s a nation of laws, now that’s funny. As long as one has money, or fame, or they raise their children as a neighbor sees fit, then it’s a nation of laws. Of course if you try to raise your children according to the laws of the God of Abraham, then America‘s laws thwart the father’s effort. A nation of laws, that’s rich.
Report Post »Itsjusttim
Posted on March 26, 2012 at 10:31amThe problem with America is that America‘s laws have attempted to trump God’s laws. And that’s just a lose-lose situation.
Report Post »Itsjusttim
Posted on March 26, 2012 at 10:38amHey everyone buy lots of the element Gold. Because gold, silver, gemstones, and all that precious stones and metal that you think is in the Bible is just about shiny metal, but it’s not about people of different races, and beliefs, nope it’s just about pretty pretty shiny metal you can touch.
Report Post »Itsjusttim
Posted on March 26, 2012 at 10:40amThe Bible has been around for over 5000 years, because God just wants to make sure that you know the element Gold is valuable.
Report Post »NOTAMUSHROOM
Posted on March 26, 2012 at 10:20amYup. An investigation into O‘Islama’s eligibility for the office of the President is entirely unworthy. Can‘t possibly look into George Soros’ connections with this administration. While we’re at it, if they’re so worried about our privacy, how about looking into the TSA?????? Or the “Patriot Act”?????? Muslim Brotherhood and it‘s White House connections as in the Weiner’s wife/Hillary’s aid? How ’bout Hill’s little project, The Shadow Party? Etc etc etc ad nauseum. Least I forget, how about all the crap put forth by the Dept of Injustice under the Racist Holder?
I could do this all day but I need to go produce something so it can be confiscated from me for all of those Demoncrap voters aka illegal aliens.
Report Post »jessix
Posted on March 26, 2012 at 10:19amWhat would an employer do with me, not hire me because I don’t have a Facebook account?
Report Post »biohazard23
Posted on March 26, 2012 at 10:34amSame here. I deleted mine a couple of years ago. I have no desire to get one again, either. Too many potential headaches, that Facebook thingy……
Report Post »justangry
Posted on March 26, 2012 at 10:19amSo the Senate pretends it is mad that companies (those THEY actually work for) are invading people’s privacy, while they, themselves, have said it’s perfectly acceptable for THEM to do it. Well, the president/big sis anyway. (Some of us here think he is soley responsible for the desecration of our civil liberties) Gotcha.
Report Post »SpankDaMonkey
Posted on March 26, 2012 at 10:17am.
Report Post »Senators Demand Investigation!!!! What Again? Ya’ll investigate $h%! all the time, and nothing ever comes out of it. Stop Wasting My Money…………
brntout
Posted on March 26, 2012 at 10:10amWell Schmucky Schumer,are you really concerned about pesonal privacy? Really? Then what do you think Obama care is? Start there you twit.
Report Post »NOTAMUSHROOM
Posted on March 26, 2012 at 10:21amExcellent point.
Report Post »MammalOne
Posted on March 26, 2012 at 9:30pmAbsolutely. There are definitely MUCH bigger fish to fry than going after people for Facebook related pseudo-crimes. Our country is at the precipice of collapse and they‘re worried about some kid who won’t get a job because he posted a picture of himself smoking a bong on Facebook? What a joke. Fire every last one of these people.
Report Post »cessna152
Posted on March 26, 2012 at 10:08amThese are private companies and can do what they want. YOU…yes, YOU dopes are over reaching what you are allowed to do. The privacy and freedom in the constitution that’s being trampled on is from YOU..the government!! We/God hold you in contempt… we will investigate you.
Report Post »Snowleopard {gallery of cat folks}
Posted on March 26, 2012 at 10:07amGood – this way of demanding such information is clearly unconstitutional.
Report Post »Brooke Lorren
Posted on March 26, 2012 at 3:54pmNever mind that you’re not supposed to ever tell anybody your password… or that there already are laws in place where employers can’t ask your age…
Report Post »blanco5
Posted on March 26, 2012 at 10:00amInvestigate employers but not prez islama. Everybody has their priorities.
Report Post »MammalOne
Posted on March 26, 2012 at 10:20amWow, it only took 3 posts before someone tied this story to Obama. Impressive.
Report Post »NOTAMUSHROOM
Posted on March 26, 2012 at 10:24amYes Mamma. OBlamer is one of the three branches of government. Not a stretch if you actually have connecting neurons.
Report Post »Chuck Stein
Posted on March 26, 2012 at 10:53am@ Noatamushroom
Report Post »Mammalone has claimed in an earlier post that he is a regular cannabis user — mystery solved?
MammalOne
Posted on March 26, 2012 at 9:26pm@MUSHROOM
Good. Yes. Yes he is a part of one branch of the government. Do you expect Schumer and the other Democrats in the senate to go after obama? At least these progressive morons are going after something worthwhile.
@CHUCK
Report Post »I am indeed a regular cannabis user. And a successful neuroscientist at a top university. And a frequent volunteer at my local church-sponsored homeless shelter. And a volunteer tutor for inner-city middle school students. And free of any criminal convictions (including any sort of driving violation – not even speeding). And I never drink alcohol or do hard drugs. And a responsible, freedom loving libertarian who fears for his countries future. What a loser I am.