With the excessive over sharing that has become the hallmark of social networking, employers in the health care arena are becoming hyper-vigilant in protecting their facilities, hospitals, residents, and patients by developing policies and procedures related to mobile devices and social networking while on the job. In light of reports across the country that nurses and aides have been misusing photographs of residents and patients, while disseminating protected health information in the process, employers are taking aggressive steps to curb such behaviors. Yet these policies can sometimes go too far. In an effort to either vet job applicants or to check on current employees, some companies and government agencies are going beyond a little research on a person’s social networking profile—instead, they are asking for user names and passwords to log in as the user and have a look around.
Called by many as “an egregious privacy violation,” employers see this practice as a necessary step in the interview process, to learn more about job candidates as well as their current employees. However, companies that don’t ask for passwords have taken other steps, such as asking applicants, and, in some cases, current employees to “friend” human resource managers or to periodically log in to a company computer, either during an interview or during work.
More and more companies are also using third-party applications to scour Facebook and other social media profiles. One “app” called BeKnown can access personal profiles, if a job seeker or employee allows it.
Employers are defending these social media practices, stating that viewing an individual’s profile or having access to their Facebook profile allows the employers to be updated on the applicant’s work history, or informs the employer to any illegal behavior that may be displayed in photographs. However, employers must balance their desire to learn more about an applicant or employee with an applicant’s or an employee’s personal privacy. Illinois and Maryland have already sided with the applicants and employees, proposing legislation that would forbid public agencies from asking for access to social networks.
Although policies regarding social media and mobile devices at work may protect the employee and employer from potential liability, invasive practices involving social media may do more harm than the actual information found on the individual’s social media profile. While it’s good practice to know what your employees are doing, to do so at the risk of violating their privacy may also subject an employer to potential liability.
Should you have any questions, please contact your regular Hall Render attorney.
