Some people who have social media accounts choose to make them private. This typically means that the only people who can see your posts are those you allow (generally known as followers or friends, depending on the site).
Employers know that applicants’ and current employees’ social media pages can contain a treasure trove of information about them – from what they do in their free time to their political views. Employers know that and often take advantage of it when possible – particularly when hiring or promoting employees.
This information should generally be irrelevant in hiring and other employment decisions. Nonetheless, employers can and do look at it when it’s available to see. Unfortunately, some employers have required applicants and employees to allow them to access their social media activity, and even in some cases to give them their login information.
New York law
Last year, a new law took effect in New York to help curb these invasions of privacy by employers. Specifically, it prohibits employers from requiring prospective or current employees to:
- Disclose their login information for any personal social media account
- Access their accounts for them so they can review them
- Provide any content from their accounts to them
- Retaliate against those who decline to provide any of this information
As noted, this applies only to personal social media accounts. Most “nonpersonal accounts” are used for business purposes and therefore don’t have privacy settings. However, employers do have the right to require access to any such nonpersonal accounts as long as they provide prior notice that they may need this. It can be included in an employment agreement, for example.
For many reasons, it’s always wise to think twice before you post anything online. There are all kinds of ways that people you don’t intend to see a post may get access to it – through other people posting a screenshot, for example.
Nonetheless, it’s important to know and be able to effectively assert your rights as an applicant or employee. If you have specific questions or concerns, it’s wise to get legal guidance.