California Employers Can't Ask For Your Facebook Password 363
J053 sends word that California has passed legislation making it illegal for both colleges and employers to request social media account access from students, employees, and prospective hires.
"Assemblymember Nora Campos, who authored the bill, called AB 1844 a 'preemptive measure' that will offer guidelines to the accessibility of private information behind what she calls the 'social media wall.' ... According to Campos' office, more than 100 cases currently before the National Labor Relations Board involve employer workplace policies around social media. Facebook has also said it has experienced an increase in reports of employers seeking to gain 'inappropriate access' to people's Facebook profiles or private information."
I can't even believe it has to be clarified (Score:4, Interesting)
Really, I live in a (arguably) much less "free" country and I couldn't imagine anyone would ask something like this as a requirement for hiring.
What kind of idiot asks this?, what kind of idiot accept it?
I would ask a potential employee for this... (Score:5, Interesting)
And if they actually agreed, I wouldn't hire them (and I wouldn't actually let them give it to me). If they can be so easily coerced into sharing confidential information and giving up their rights, they don't have the backbone I expect in my employees.
Now, in my job people are given significant authority and responsibility that needs to be safeguarded, so that's a real concern. In other jobs maybe that's not a criteria for hiring decisions.
MadCow.
Re:wow (Score:2, Interesting)
I had this happen in virtually every job interview I had once I graduated college. At the time, I didn't bother with a FB or Twitter ID, and I'd get told to just leave the interview room because they did not want fossils who were not on the cutting edge. To interviewers, no FB was like not having a phone or E-mail address.
So, I got a FB account. What is the first thing during the next round of interviews at over 4-5 jobs? Asking for the userID/password for three things: "security reasons, "making sure an employee is a proper fit to our corporate culture", "we don't want to just be friended because it is easy to hide stuff", or "making employees are not linked with undesirables."
Ironic that the job I took never asked for any of that info.
Re:I can't even believe it has to be clarified (Score:3, Interesting)
from early age (in the US, and I bet most countries) you are taught to FOLLOW ORDERS. especially if its an authority figure.
this is drummed into you at every chance. school is most about 'training' you to be obedient.
religion endures mostly because people are forced to follow orders, forced (mentally) to accept absurd ideas and 'truth'. taught not to question even strange ideas.
no wonder that, when an employer or cop asks you for X, most people don't even question or resist.
you can't foster free thinking AND 'follow my orders, dammit!' at the same time.
which society do we want to be?
(don't answer. I already know. and nothing ever changes when it comes to controlling people. there are those that control (and see it) and those that get controlled).
Re:Finally, a law recognizing privacy (Score:5, Interesting)
Re:wow (Score:5, Interesting)
Some people don't have a choice, they need the work.
I personally don't agree with the practice and to a degree, I misspoke.
A person always has a choice, but many people will let go of information about themselves for purposes that are their own. Many people who are unemployed and are desperate for work will happily give up that info just for the chance at work.
Many people are good and decent people found in horribly hard times and need the work to support themselves and their family, so they are willing to provide the info for they may feel it's their only chance.
I find the practice deplorable by corporations and I personally would rather walk away from the opportunity of work, but I'm not in that situation and haven't been faced with it.
Needs to be broadened a bit (Score:4, Interesting)
It needs to forbid not just asking for passwords from the candidate, but asking for any kind of access in excess of what an ordinary member of the public would have from anyone (the candidate, the social media site, associates of the candidate, etc.). No requiring the candidate to let you watch him viewing his profile. No asking the social media site to grant you behind-the-scenes access to candidate's profiles. No asking friends of the candidate to let you watch them view the candidate's profile. No special access, period. If the candidate is keeping it from public view, as an employer you don't get special privileges to bypass that.
But if the candidate's dumb enough to leave it open to the general public, it's fair game. Ditto if his friends post things about him and identify him in them. Though if you trust things other people say about him and they turn out to be false you don't get to avoid any liability that'd attach to that either, so you may not want to go trusting the unsubstantiated word of random people you find on the Internet.
Re:I would ask a potential employee for this... (Score:2, Interesting)
A leader needs employees with backbone. But employees need to be able to trust their leader, too.
If you are willing to use those lame tactics on a first interview, I don't want to know what you are willing to do when you get "confident". I would not work for you.
Re:wow (Score:5, Interesting)
The problem with "probable cause" is that there are too many "laws" that outlaw things that shouldn't be outlawed. Crime is what causes harm to others, and carrying a joint is not causing harm to others, period. Smelling like Marijuana is not "probable cause" that a crime has been committed. "Looking Suspicious" is not a crime.
Crime Prevention is, quite frankly, the road to tyranny. Want to "prevent crime"? Start by removing laws criminalizing things that cause no harm to anyone else, all those "crimes" will now disappear. Then, step up REAL punishment of criminals. Don't just lock them up in a comfy prison, make prison a horrible place to be. Make the prisoners earn their probation by working at jobs nobody else wants to do. Screw the panty waist "cruel and inhumane" designation for anything that doesn't cause real pain. Put tents up in the desert and a barbwire fence and call it good. If our Troops can live in that condition, then our prisoners can too.
THEN we'll have a handle on crime.
Re:Finally, a law recognizing privacy (Score:4, Interesting)
In BC, you can opt not to join the union, but you still have to pay the equivalent of the dues to a charity of your choice. The point being that the decision to not join a union should be one of personal belief rather than monetary.