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Facebook: Legal Action Against Employers Asking For Your Password

An anonymous reader writes "Facebook today weighed in on the issue of employers asking current and prospective employees for their Facebook passwords. The company noted that doing so undermines the privacy expectations and the security of both the user and the user's friends, as well as potentially exposes the employer to legal liability. The company is looking to draft new laws as well as take legal action against employers who do this." A least one U.S. Senator agrees with them.

25 of 504 comments (clear)

  1. But now... by vjl · · Score: 4, Insightful

    ...employers will just ask potential employees to accept their HR staff's friend request, as the article yesterday stated. But one could easily get around that by making sure the HR staff is in a Facebook list that has no access to a user's wall/timeline and other info. Still, seems like the employer wouldn't like that and they would find some way to get the employee to let HR in. :(

    1. Re:But now... by Anonymous Coward · · Score: 4, Insightful

      Create another FB account solely for work purposes. And when the HR rep b-tches about that, tell them the HR rep's FB account is obviously a work account and not the HR rep's actual personal FB account.

    2. Re:But now... by arth1 · · Score: 5, Insightful

      Or better yet - don't have a Facebook account.

    3. Re:But now... by xero314 · · Score: 4, Insightful

      This is the reason that Facebook is stepping into this issue. Facebook may or may not care about your privacy, but the whole reason they are taking an interest is out of fear of losing members. I personally do not have, and see no reason to ever have, a Facebook account so it doesn't affect me, but I would still walk away from any employer that even asked me for access to my, non-existent, Facebook account.

  2. Ever actually happened? by Anonymous Coward · · Score: 4, Insightful

    Has a single company that has done this been identified by name? Every article I've seen does NOT mention any name, making it sound more anecdotal than factual.

  3. Sure, I'll give you that FB password... by kbob88 · · Score: 5, Insightful

    Right after you give me the root password to the company's servers!

    Seems like a fair trade to me...

  4. just dont. by nimbius · · Score: 4, Insightful

    it should be legislated that at any time someone declares social media to be the wave of the future, a round of eye rolling and fart-noise making should commence immediately.
    this is a company that spies on you for the US government, sells your data to anyone who wants it, and is totally content to insist it has full legal rights over all of your content, indefinitely, with or without your consent.

    close your facebook account and consider checking out some meat-space human interaction tools like meetup.com. there arent any buttons to indicate the position of your thumbs, and when you like something you just tell someone "hi, i enjoy this." Best of all, no asshole corporation pretending theyre doing you a favour by scouring your personal life for hints of product placement opportunities or subversive anti-government opinions. As a bonus, your employer will have the freeedom to hire you based on their objective opinion of your job skills and critical thinking ability, not your farmville or mafiawars score and picture of that drunken bender at grizzlebees where you wore the fried onion like a head-crab from Half-Life.

    --
    Good people go to bed earlier.
  5. Re:Ooh! Ooh! Simple Solution by ZeroSumHappiness · · Score: 4, Insightful

    As I posted in a similar story discussion, this will just become an HR screen checkbox requirement that will play out like this:
    "Please provide your FacePlace login information here."
    "I don't use FacePlace."
    "Right. Applicant failed to produce FacePlace login information."

  6. My answer is "I don't use facebook" by erroneus · · Score: 5, Insightful

    And it will always be my answer. Whether or not I use facebook is no one's business. Not my family. Not my friends. Not my co-workers or employers. "Please wear this delightful necklace with a GPS and a camera to take pictures of whatever is around you at any given time. BTW, it's a condition of employment." There's just something dark and sinister about that. How any employer could think this is a great idea when they know damned well they wouldn't be willing to share that information with their employees is looking upon their employees as a "lesser being" and certainly not equal as idealized by the US constitution. If this is not a "discriminatory act" it most definitely leads to discriminatory behavior.

    There is already a list of things an employer cannot ask an employee for. I think it's time to make a law which issues a WHITE LIST of things employers can ask for rather than using the black list system we have today. The potential for this to become an ever-growing problem is too great.

  7. Re:What happens when the answer is "mu?" by Sponge+Bath · · Score: 4, Insightful

    What happens when the answer is "mu?"

    They will be suspicious that you are lying and not hire you. Or they will think you are a technophobe and not hire you. Or they will think you are a cow and not hire you. That may sound unreasonable, but if they were reasonable, they would not ask for the information in the first place.

  8. Re:So employers do ask for Facebook passwords? by TheGratefulNet · · Score: 4, Insightful

    its worse. many (!) employers ask/demand to have you pee in a cup, for them.

    its fine and reasonable to say that you don't have a FB account. but just try telling them you don't have any piss in you! they just won't believe it.

    --

    --
    "It is now safe to switch off your computer."
  9. Job interview ... 'on the internet' by mounthood · · Score: 4, Insightful

    Overbearing employers are nothing new; this is just HR prying into applicants lives with 'on the internet' appended. Whether it's drug tests, credit checks, IQ exams or 3-day multi-person interviews, some companies will push the boundaries and the people will have to push back, sometimes with politics and laws.

    Imagine if an employer said they want to inspect your home and interview your family. If the job involves a top secret clearance maybe that's OK but not for 99% of jobs. And here's my point: nobody would agree to having their home inspected and HR wouldn't even think to ask. It's only because social networking is new that anyone even wonders if might be reasonable.

    Since the beginning of the web (I started developing websites around the beginning of 95) I have been ever careful of what I put out... The key is to make it look "real", but not enough to make you look bad.

    I've filtered myself too, as I'm sure most of Slashdot has, but we should really focus on fighting for everyones rights. No matter how well we may protect ourselves we all have to live with societies attitudes. As technical folk we have the best chance of setting the norms for life on the internet.

    --
    tomorrow who's gonna fuss
  10. Re:i would love to sue my boss for that by jhoegl · · Score: 4, Insightful

    I find Facebook's concern for privacy ironic considering this...
    Although it should be against the law for businesses to pry into our personal lives, including our financial history, Facebook is the wrong company to lead the charge.

  11. Re:i would love to sue my boss for that by Anonymous Coward · · Score: 5, Insightful

    I won't even give my boss my work password. IT's my account and any access by another person to it would violate my ability to know anything done with that account was done by me. We have a policy against it. No one not even a superior is supposed to have access to our A/D account. Any changes have to be documented. They have the ability to change my password. There would be a record of who did it and questions can be asked then. I view all of my accounts with the same level of security. My companies involvement with me ends at their network.

  12. Re:This seems like common sense... by iamgnat · · Score: 4, Insightful

    It makes me feel dirty, but "Go Facebook!"

    On the other hand, the cynical side of me thinks this is just so Mark can monetize giving the information to employers as part of a "background check". They could provide "compatibility rankings" based on employeer criteria without ever letting the employeer see the private data itself and thus avoiding privacy issues. Yeap, I think I'll keep with my no Facebook policy and if someone doesn't want to hire me because I don't have one, I don't want to work for them anyway.

  13. Re:i would love to sue my boss for that by drodal · · Score: 5, Insightful

    Well in all fairness, facebook is the only one here that can stand up and make a difference. It's nearly impossible for each person that's been wronged
    to prove their point, but if facebook gets enough complaints they can wave there deep pocketed arms and say, "wanna fight us, cuz we can fight for a loooong time"

    So no, they aren't the bastions of privacy, but they are on the right side here. So good for them.

  14. Re:i would love to sue my boss for that by TheRaven64 · · Score: 5, Insightful

    I didn't realise there were large companies that didn't do this. It seems like common sense.

    Expecting common sense from large companies is certainly one way of ensuring that your life is full of surprises...

    --
    I am TheRaven on Soylent News
  15. Re:i would love to sue my boss for that by Anonymous Coward · · Score: 5, Insightful

    They aren't protecting your privacy, they are protecting their own data integrity.

  16. Re:i would love to sue my boss for that by MightyMartian · · Score: 4, Insightful

    And what if a potential employer demands access to your email accounts? That's apparently been happening as well. The real solution here is a legislative one, banning the practice.

    --
    The world's burning. Moped Jesus spotted on I50. Details at 11.
  17. Re:i would love to sue my boss for that by FireFury03 · · Score: 4, Insightful

    If I asked a potential employee for their personal passwords and they handed them over, they most certainly wouldn't get the job. I want employees with a clue about security - if they are happy to hand over their personal passwords, I can only assume they would also be happy to hand over confidential company data to a third party.

  18. Re:i would love to sue my boss for that by bored_engineer · · Score: 5, Insightful

    Why is refusing to provide such information not also a real solution? I would no more give access to my e-mail than I would provide the details of conversations between me and my wife.

  19. Re:i would love to sue my boss for that by HapSlappy_2222 · · Score: 4, Insightful

    Agreed. The practice is just another way to weed out candidates without actually committing someone to examine actual qualifications. In the meantime, "I prefer not to disclose that information." is the proper response, just like the checkbox in the "Race" field of employment applications.

    If the request then turns into a demand, give the interviewer the ever-elegant "Raised Eyebrow of Self Respect" and end the interview right then and there. There will be something better if you keep looking (likely something you'd have missed if you took this job) and you shouldn't waste your precious time on this type of blatant asshattery.

    Some other sucker can work under that company's bullshit scrutiny (if the company's opening gambit is spying on your personal life, do you really think it stops there?) while you keep looking for a **Real Job**. We all need to pound it into our brains that we have the right and the responsibility to choose who we work for, even in a shitty economy. Sure, you have bills to pay, so it's very hard to turn down a job, but be realistic. You'll either be right back at the job hunt in two months or you'll wanna be hanging from the rafters.

  20. Re:i would love to sue my boss for that by Applekid · · Score: 4, Insightful

    There's no conflict there. Facebook just doesn't want people:
    * to stop using them, since even a passive usage is a product they can monetize in ads and data-mining
    * to create duplicate "clean" versions of themselves that they give away, as it will pollute the data-mining efforts

    Pretending to care about people's privacy is just a happy side effect.

    --
    More Twoson than Cupertino
  21. Re:i would love to sue my boss for that by steveg · · Score: 5, Insightful

    If I were applying to any company, it would be as technical staff (IT.)

    Handing over a password to *anything* would be proof of a lack of competence for the job, and I'd tell them that.

    --
    Ignorance killed the cat. Curiosity was framed.
  22. Re:i would love to sue my boss for that by Stewie241 · · Score: 4, Insightful

    But this is entirely the point of why Facebook is fighting this. If anybody believes it is about their terms of service or about standing up for their users out of benevolence they are ignorant.

    Facebook *has* to try to stop this. If this practice becomes too invasive then it could possibly affect Facebook usage. This is bad for Facebook's business.

    Facebook has to convince its users that they can freely share information and maintain some sense of control over who gets their data. They can't allow the precedence to be set of employers asking for account information and expecting to get it.

    Now, when it comes to those who say they would just say no, I would say that it is a great situation to be in. You must keep in mind however that this practice isn't specific to the IT industry - it seems to be happening in industries where competition is steeper. There are some industries where opportunities for interviews are few, let alone jobs. When faced with the choice between potentially not getting a job or giving up a little bit of privacy, some people see little choice other than to make that sacrifice. If the practice becomes too commonplace and prevalent, then it could mean that this becomes the norm rather than the exception, and you too could one day face that choice.

    I'm glad I'm not in the job market.