Do we have to pass your Facebook password is your employer?

you want to check publicly available Facebook profiles, Twitter accounts and other websites Managers of social networking sites to learn more about applicants and employees.

Many Facebook users do not have profiles set to private, making them available only to selected people or certain networks. There is a big difference between the Employer audience comments and private information.

employees and potential employees should have a right to keep your Facebook, Twitter, or other social media profiles to private confidential information from the prying eyes of their bosses.

employees and job applicants have an expectation of privacy when it comes to social media like Facebook and Twitter, including the right to their freedom of speech is protected.

there is no need for employers to have access to the data of the applicants or workers stored their password protection on the Internet. Yet there have been a number of reports, job applicants during interviews are asked to log on to Facebook and other websites, and allows potential employers to browse profiles of friends and other personal details, while others simply asked to list their passwords job applications . Others also marked to be asked to be a friend of the human resource managers!

Traditionally Employers Havn & # 39; t demanded that job applicants hand over the keys to information about the house or the bank account, so why be able to access the personal information stored on the Internet?

it's like that allows employers to access your mail to see if there is something interesting in it. Employers would thus be able to act like a rogue and gain the employee, always on, monitoring and possibly manipulate their personal social activities, communication, associations and opinions.

Facebook Declaration of Rights and responsibilities requires the sharing violation or requesting Facebook passwords terms of service, but employers do not expect Facebook sued for breach of such employer.

Legislation will be moved to address the current situation on the basis of the Act on the Computer Fraud and Abuse, which deals with computer hacking, protect employees' online identities. Passwords Protection Act of 2012 prohibits employers access to "protected computers" where social media files are kept.

The few exceptions, it will prevent employers forcing employees and passengers have access to their own web systems including Facebook, e-mail and other online storage space.

The bill is wide preparation and is not limited to a particular website. It focuses on the server where the information is stored or deposited, taking the focus off that identify and define a particular type of Internet service. This means that the employer can not force an employee to access Facebook or Twitter account as a condition of employment.

This will forbid employers from forcing employees to access information in any computer not owned or controlled by the employer. The law protects information even if it is available on computers owned by the employer. It also prohibits employer discrimination or retaliation against prospective or current employee, if the employee refuses access to a password-protected account.

Therefore, if the employee just looking at the social network on their work computer, your employer can not force an employee to disclose your password, because this is for the employer to have access to another computer, that computer's appropriate social Nework the employee browsing. The Act extends protection gmail accounts, photo sharing sites and employee owned smartphones.

Given the wording of the law in a way that is largely technology-neutral, this effect is unlikely to be affected by changes in technology. The new online technologies continue to evolve and emerge, that legislation is outdated. However, because the passwords Protection Act of 2002 is not limited to the defense of a particular service, such as a social networking service, flexible enough to forecast the changing use of technology by focusing on access to the computer.

The law applies to all new service, as long as it is not integrated into employer's computer. However, exceptions in the legislation and the students are not protected in the social media monitoring and is therefore compelled to pass the social network passords they are.

However, there is another bill to be introduced, the Social Networking Online Protection Act, which is based on a protected plugs this gap between employers and students.

However, if a government employee or an employee who works with children under the age of 13, the law allows Member States' legislation in this area gives relief while the other exception allows the executive to exempt for whole classes of workers if they come into contact with classified information, including soldiers. These exceptions are thus protected penalize a broad and sweeping fishing expeditions employees' privacy and communication.

There are incorrect by examining a variety of means existing employees. In addition, over Internet activity will be a number of new records, and they've used those applied in investigations.


While the new legislation is a major step forward in preventing employers take adverse action as a result of the employee's refusal to grant access to their accounts, employers still retain the power to allow social networking activities of the agency on a voluntary basis and implement operational policies on employer computers. Once applied you must enter social media use is an acceptable use policy for the workplace below. You might enjoy the freedom of speech online, however, you may be asked to sign an agreement on non-disparagement, which prohibits an employer you speak negatively on social media sites. Therefore, employees who violate such policies remain appropriate responsibility for all activities that breach of such a policy.

Source by Adele A Pace

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