Facebook, Twitter, and What's Left of Your Right to Privacy
Friday, April 13, 2012 at 9:28AM We have all become so accustomed to revealing our inner-most secrets to our hundreds (and sometimes thousands) of “friends” on Facebook and Twitter that we seem to have forgotten that in this country we are each born with a constitutional right to privacy. But like most of our rights, the boundaries of the right to privacy are always being challenged.
The latest challenge to our right to privacy is coming from employers. It is becoming common for employers to ask for access to your Facebook page, your Twitter feed or whatever social network you’re using.
Why would your boss want to read your Facebook page? Companies say that they need to be certain that employees are not disparaging the company publicly or associating with criminals and undesirables. They say that it's no different than asking you for a list of references or previous employers. I disagree. Imagine if when you applied for your job, you were asked for a typed list of at least 200 references. It sounds ridiculous when you think of it that way, and very few people would agree to it.
And in case you were thinking, “What’s wrong with letting my boss check out my Facebook page? I have nothing to hide,” it’s worth considering that what many employers want is for you to “friend” the company so that they can continually monitor your postings. So when you’re on vacation in South Beach and you post that picture of you winning the wet underwear contest, there’s a chance that your human resource manager is deciding whether your conduct represents a violation of company policy.
Is it legal to demand access to an employee’s, Facebook page? Probably not. But there are very few laws that regulate this type of activity. And the laws that do exist are rarely enforced. Some states have taken notice and have started introducing laws to protect employees, but for now your best defense is to be mindful about what you’re posting on your social network profile. It’s also a good idea to regularly review your privacy settings. Remember, unless you set your privacy settings otherwise, most social networking sites default to the most public setting.
Privacy used to be one of our most cherished rights. Maybe Facebook,Twitter and reality television are beginning to change our idea of privacy. We have increasingly become an open-access society, with many of us posting our most intimate thoughts and feelings and leaving very little to the imagination. How this new openness will impact our ability to keep what’s left of our private life truly private is an open question. But allowing employers to monitor our after-work activities seems like the wrong way to go if we are to protect what remains of the right to privacy that each of us is born with.
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