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California Employers Can't Ask For Your Facebook Password

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."

14 of 363 comments (clear)

  1. Finally, a law recognizing privacy by Anonymous Coward · · Score: 4, Insightful

    Privacy is not dead, it's just losing the war.

    Take arms and fight back!

    1. Re:Finally, a law recognizing privacy by __aaltlg1547 · · Score: 3, Insightful

      It can only be illegal if there is a specific law. Lacking that, the proper response is to laugh in the face of the interviewer asking such a question. Then tell them, "I don't know YOU. Even my MOTHER doesn't get access to my social media accounts! I don't want to work for s company that has no concept of appropriate privacy and security."

    2. Re:Finally, a law recognizing privacy by Applekid · · Score: 5, Insightful

      Those constitutional amendments limit the power of the government, not private industry.

      But either way, you're right, because the government routinely ignores them anyway.

      When I see folks from other countries baffle at the madness going on here, I wish they could understand the US citizenry was tricked and had their country taken over by power-hungry demagogs for the last 100 years (well, 99 years this December), and that we're simply powerless to stop the machine at this point.

      --
      More Twoson than Cupertino
    3. Re:Finally, a law recognizing privacy by rwv · · Score: 4, Insightful

      That sounds like the exact opposite of what it means.

      War is Peace, Freedom is Slavery, Ignorance is Strength.

  2. wow by daenris · · Score: 3, Insightful

    If a business I worked for or was interviewing at asked me for my passwords to anything not work related, I wouldn't be working there anymore.

    1. Re:wow by realsilly · · Score: 5, Insightful

      Some people don't have a choice, they need the work.

      --
      Life takes interesting turns, but the most interest is when you're off the beaten path.
    2. Re:wow by kiriath · · Score: 3, Insightful

      What ever happened to "Give me liberty, or give me death"

      People too often just go with the flow, allowing themselves to be trampled by corporations and government. No one willing to take a stand for what is right and just.

      I applaud the decision. (To make it illegal)

      I am appalled by the problem.

    3. Re:wow by Anonymous Coward · · Score: 3, Insightful

      Gotta love the armchair rebels who belittle people for making practical decisions. It's easy to do so from down in mommy's and daddy's basement.

  3. Head shaking moments by tnk1 · · Score: 5, Insightful

    What I don't understand is why employers even think this is reasonable. Yes, yes, I know, corporations bad, but corporations are still made up of humans and you would think some of those humans would understand that this is overreaching into people's private lives.

    I don't see what someone's social media accounts have to do with their ability to work. Sure, they may party hard, or bad mouth their employers, but it's not exactly uncommon and it's not going to stop just because people don't put that on their FB account.

    I suppose I am not surprised that someone would try this, what I am more surprised about is that they have gotten this far with it. Forcing people to turn over personal information should be something that a corporate legal department knows is going to get them in legal hot water.

  4. Re:I can't even believe it has to be clarified by TheGratefulNet · · Score: 3, Insightful

    You aren't going to starve without a job

    nice denialist.

    come spend time in any major city and see the homeless.

    in the bay area, some homeless were even IT people that got pushed out of their jobs.

    btw, as a person, YOU SUCK. you have less compassion than a shark. I hope - and I really do - you find yourself blacklisted and jobless someday. and I hope you have to borrow $2 for a tin of tuna to eat that day.

    --

    --
    "It is now safe to switch off your computer."
  5. Re:How is this possible by TheGratefulNet · · Score: 3, Insightful

    this is why we need unions.

    corporations were being somewhat tolerable after the union days, 50-100 yrs or so ago. things go measurably better; pretty much for all of society.

    we have fallen backward, though; and we need to restart the fight for employee rights.

    if the republicans have their way, they'll make us all slaves. we cannot allow this trend to continue. please! this is breaking the backs of the working man.

    just another example of unrestrained corp power over the common man.

    --

    --
    "It is now safe to switch off your computer."
  6. Re:I can't even believe it has to be clarified by jareth-0205 · · Score: 4, Insightful

    So get one at a company that doesn't do this. Most (the overwhelming majority of) companies do NOT ask for your FB password. Pick one of those. If everyone does, the companies that ask for FB passwords will either go out of business or change their policy.

    I changed jobs about 5 months ago, interviewed at 6 companies, and was never once asked for a FB password. It isn't that hard to find a job at a company that doesn't do this.

    People need to grow a fucking backbone.

    What the hell is wrong with you? Is it really so impossible for you to imagine not everyone is in the same position as you? There simply aren't enough jobs to go around, and some people around the bottom of the pile are in the position of supporting a family, bills, etc and have very limited options.

  7. Re:I would ask a potential employee for this... by SecurityGuy · · Score: 3, Insightful

    This is one of those things that sounds like a good idea, but isn't.

    Here's why.

    There is probably real and tangible damage that would occur if someone disclosed confidential information on your company. There may or may not be if they disclose their social media profile information to you. It's really not for YOU to assign a value to THEIR resources any more than it is for THEM to assign value to YOURS.

    Your test is also not one of backbone at all, but one of perceived value and desperation. As I said, you may be asking them to give up something they don't value, so they don't mind doing it. Not just perceived, but actual, in many cases. I have older relatives whose facebook profiles are barren. They almost never log in and have 8 friends who also almost never log in. They could post their login and password to the world and not actually lose anything. You may also be interviewing someone who desperately needs to bring some money in to keep a roof over their heads or feed their kids. Everyone has a backbone when the cost of stiffening it is low. Everyone has a point when they have to bend. I will NOT give you my facebook password...unless it's the difference between my kids eating or not. I will NOT give up my right to free speech...but I might shut up now and speak later if you're going to shoot me.

    That's actually why laws like this are good. Asking people who really need a job for information you shouldn't is implicitly coercive.

    Don't play games like this with people. You turn interviews not into true tests of what people are made of, but a silly multilevel thinking exercise where I have to figure out if you're just some jerk who doesn't respect my privacy, or someone who thinks *I* should and is just testing me. Understand that your candidates don't have a way to know which of those people you are.

  8. Re:Even easier... by partyguerrilla · · Score: 4, Insightful

    This, if you don't own a facebook account nowadays, you're clearly a terrorist pedophile serial killer mime who hates freedom.