In this space we have frequently discussed social media issues ranging from legal considerations in policy development, to employers’ legal and practical risks attendant to reviewing job applicants’ social media presence, to legislative reactions to employers’ requiring disclosure of passwords as part of their background check process.   Two further reactions to the password disclosure issue are worthy of note.
First, Connecticut Senator Richard Blumenthal has stated he will introduce federal legislation similar to that currently under consideration in the Illinois and Maryland legislatures.   Arguing that employers’ mandating disclosure of user names and passwords “is a huge invasion of privacy,” State Assemblyman John Burzichelli has indicated that he will introduce similar legislation prohibiting the practice in the New Jersey legislature.
Second, in a statement issued this past Friday by Erin Egan, Chief Privacy Officer, Policy, Facebook responded to “a distressing increase in reports of employers or others seeking to gain inappropriate access to people’s Facebook profiles or private information [which] …undermines the privacy expectations and the security of both the user and the user’s friends [and]…also potentially exposes the employer who seeks this access to unanticipated legal liability.”  Facebook advised that it is now a violation of its Statement of Rights of Responsibilities to share or solicit a Facebook password since users “shouldn’t be forced to share [their] private information and communications just to get a job” and friends of users shouldn’t have to worry that [their] private information or communications will be revealed to someone [they] don’t know and didn’t intend to share with just because [their friend] is looking for a job.”
Employers must stay abreast of these developments as they continue to refine all policies and procedures pertaining to employee social media usage.

 

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Photo of Joseph J. Lazzarotti Joseph J. Lazzarotti

Joseph J. Lazzarotti is a principal in the Tampa, Florida, office of Jackson Lewis P.C. He founded and currently co-leads the firm’s Privacy, Data and Cybersecurity practice group, edits the firm’s Privacy Blog, and is a Certified Information Privacy Professional (CIPP) with the…

Joseph J. Lazzarotti is a principal in the Tampa, Florida, office of Jackson Lewis P.C. He founded and currently co-leads the firm’s Privacy, Data and Cybersecurity practice group, edits the firm’s Privacy Blog, and is a Certified Information Privacy Professional (CIPP) with the International Association of Privacy Professionals. Trained as an employee benefits lawyer, focused on compliance, Joe also is a member of the firm’s Employee Benefits practice group.

In short, his practice focuses on the matrix of laws governing the privacy, security, and management of data, as well as the impact and regulation of social media. He also counsels companies on compliance, fiduciary, taxation, and administrative matters with respect to employee benefit plans.

Photo of Richard I. Greenberg Richard I. Greenberg

Richard Greenberg, a Principal in New York City office of Jackson Lewis P.C., is admitted to the bar of the State of New York and the Federal District Court for the Southern District of New York. Mr. Greenberg graduated from Cornell University’s…

Richard Greenberg, a Principal in New York City office of Jackson Lewis P.C., is admitted to the bar of the State of New York and the Federal District Court for the Southern District of New York. Mr. Greenberg graduated from Cornell University’s School of Industrial and Labor Relations in 1992 and earned a Juris Doctor degree from Brooklyn Law School in 1995.

He advises both unionized and union-free clients on a full-range of labor and employee relations matters. With respect to traditional labor matters, Mr. Greenberg represents clients in collective bargaining negotiations, labor disputes, grievances and arbitrations, proceedings before the National Labor Relations Board, and in state and federal court. Mr. Greenberg also advises clients on the legal aspects of remaining union-free. With respect to employee relations matters, Mr. Greenberg has extensive experience assisting clients in numerous industries with the development and maintenance of personnel policies and personnel infrastructures. In this regard, Mr. Greenberg often works on these issues with clients as business needs and culture change as a result of business transactions, such as mergers and acquisitions.

Mr. Greenberg regularly advises clients on compliance with the myriad of federal and state employment laws, including the FMLA, FLSA, ADA, ADEA and WARN, as well as new legal developments impacting labor and employment policies and practices.