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March 20, 2012

You're Hired if You Fork Over your Facebook Password

By Michelle Amodio, TMCnet Contributor

In an era of social networking, it’s not uncommon to start fielding questions about one’s online presence when going on a job interview, however, being asked to hand over your username and password teeters on violation of privacy.



That’s what one New York City man experienced when he was being screened for a new job. After answering more common interview questions, the prospective employer asked Justin Bassett for his Facebook (News - Alert) username and password, after which Bassett retracted his application for the position and ran for the hills.

In an economy where job placement is ultra competitive, many potential candidates are being asked for more and more personal information when it comes to their online use. In fact, Facebook has been the focus of screening people when it comes to their credit, but to go one step further and ask for login credentials of all new hires is a little too close to asking for the keys to their cars or their ATM card PIN.

It begs the question, is this even legal?

The Associated Press reports that both Maryland and Illinois already have legislation on the table that would prevent public organizations to ask for such sensitive information, but one wonders why there has to be legislation in the first place?

The report cites how one Maryland man was asked, upon reinstatement of his security job, for his Facebook login information. Of course, due to a dire need of employment, he complied and handed over the information.

The ACLU found this practice to be unfavorable, and so the agency modified its stance and, instead, asked interviewees to login while on the interview.

Employers want to find out all they can about who is working for their company, or who they plan to hire, and as the needed personal information is already publicly available, so much the better.

While you may have your Facebook settings under lock and key only available to your friends, it’s still technically public. What one posts online is not as private as, say, a home telephone conversation. For an employer to view pictures on Facebook of you drinking too many cocktails at a bar does not constitute an invasion of privacy since that information is available to the public.  

Asking for login information is a lot more in-depth and specific than going and peeking at people’s profiles, however.

One legal loophole is that Facebook says it’s a violation of its TOS to give out login credentials, but unfortunately it doesn’t hold much weight in court despite it being a federal crime to access a social site against its TOS.

While there is nothing that can be done to prevent employers from peeking at your online profiles no matter where they may be, it’s another situation to be asked up front for login information. Peeking through one’s windows is a lot different than forcing someone to grant access to their home.






Edited by Jennifer Russell
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