Social Media Background Checks
Transcript: Identification of Law 1. Should employers be able to look at someone's social networking account as a basis for hiring? Why or why not? 2. Can someone's privacy still be compromised or invaded even though the information posted on social networks were made "publicly available" ? How is it done? How are employers using social media? 1) Requesting usernames and passwords 2) DIY "Do It Yourself" Legal Issue Summary of Article Privacy Act: 1980-81-82-83, c. 111, Sch. II “2”. Act current to 2015-04-22 and last amended on 2015-02-26 “administrative purpose”, in relation to the use of personal information about an individual, and the use of that information in a decision making process that directly affects that individual Personal Information Protection and Electronic Documents Act (PIPEDA) S.C. 2000, c. 5 A law that prohibits federally regulated employers from using or collecting an employee or potential employee's personal information without their knowledge and consent Canadian Human Rights Act R.S.C., 1985, c. H-6 All individuals should have an opportunity equal with other individuals to make for themselves the lives that they are able and wish to have and to have their needs accommodated, consistent with their duties and obligations as members of society, without being hindered in or prevented from doing so by discriminatory practices based on race, national or ethnic origin, colour, religion, age, sex, sexual orientation, marital status, family status, disability or conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered. The use of Social Media (Facebook, Twitter, Instagram) as a basis for hiring employees Pros: Employers may be looking to... see how applicants present themselves in public make determinations regarding an applicant’s personality and character. ensure employees are a great representation of the company. ensure they hire the best candidate possible for a position as demonstrated in their work ethic, dedication to the company and ability to fulfill their job responsibilities. to validate data included on a job application such as education, professional associations and credentials Cons: The company could be faced with discrimination lawsuits. There is a risk of invading individual privacy rights. Information posted on social media websites could be misleading or taken out of context Employers can, based on the information found, discriminate the applicant without his/her knowledge Questions "Social Media and Background Checks" Talks about the reasons as to why an employer might want to run a background check on an applicant through their social media accounts Legal Issue in terms of privacy in accordance to the privacy act and PIPEDA ( Personal Information and Electronic Documents Act) However, PIPEDA does not apply to personal information that is "publicly available" Ontario does not have its own PIPEDA Human Rights aspect that can be classified as discrimination Social Media Background Checks By: Vanessa Bondoc
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