March 21, 2012 in Business

Social Insecurity

Many job applicants have been asked to share account passwords
Manuel Valdes And Shannon Mcfarland Associated Press
 
Associated Press photo

When Robert Collins, of Baltimore, returned from a leave of absence from his job as a correctional officer with the Maryland Department of Public Safety and Correctional Services in 2010, he was asked for his social networking site profile login and password during a reinstatement interview, purportedly so the agency could check for any gang affiliations.
(Full-size photo)

Legal questions remain unresolved

• Facebook declined to comment except for issuing a brief statement declaring that the site forbids “anyone from soliciting the login information or accessing an account belonging to someone else.” Giving out Facebook login information also violates the social network’s terms of service. But those terms have questionable legal weight.

• The Department of Justice regards it as a federal crime to enter a social networking site in violation of the terms of service, but during recent congressional testimony, the agency said such violations would not be prosecuted.

• Twitter did not respond to repeated requests for comment.

When Justin Bassett interviewed for a new job, he expected the usual questions about experience and references. So he was astonished when the interviewer asked for something else: his Facebook username and password.

Bassett, a New York City statistician, had just finished answering a few character questions when the interviewer turned to her computer to search for his Facebook page. But she couldn’t see his private profile. She turned back and asked him to hand over his login information.

Bassett refused and withdrew his application, saying he didn’t want to work for a company that would seek such personal information. But as the job market steadily improves, other job candidates are confronting the same question from prospective employers, and some of them cannot afford to say no.

In their efforts to vet applicants, some companies and government agencies are going beyond merely glancing at a person’s social networking profiles and instead asking to log in as the user to have a look around.

“It’s akin to requiring someone’s house keys,” said Orin Kerr, a George Washington University law professor and former federal prosecutor who calls it “an egregious privacy violation.”

Questions have been raised about the legality of the practice, which is also the focus of proposed legislation in Illinois and Maryland that would forbid public agencies from asking for access to social networks.

Since the rise of social networking, it has become common for managers to review publicly available Facebook profiles, Twitter accounts and other sites to learn more about job candidates. But many users, especially on Facebook, have their profiles set to private, making them available only to select people or certain networks.

Companies that don’t ask for passwords have taken other steps – such as asking applicants to friend human resource managers or to log in to a company computer during an interview. Once employed, some workers have been required to sign nondisparagement agreements that ban them from talking negatively about an employer on social media.

Asking for a candidate’s password is more prevalent among public agencies, especially those seeking to fill law enforcement positions.

In 2010, Robert Collins was returning to his job as a correctional officer at the Maryland Department of Public Safety and Correctional Services after taking a leave following his mother’s death. During a reinstatement interview, he was asked for his login and password, purportedly so the agency could check for any gang affiliations. He was stunned by the request but complied.

“I needed my job to feed my family,” he recalled. “I had to.”

After the ACLU complained about the practice, the agency amended its policy, asking instead for job applicants to log in during interviews.

“To me, that’s still invasive. I can appreciate the desire to learn more about the applicant, but it’s still a violation of people’s personal privacy,” said Collins, whose case inspired Maryland’s legislation.

Until last year, the city of Bozeman had a long-standing policy of asking job applicants for passwords to their email addresses, social-networking websites and other online accounts.

And since 2006, the McLean County, Ill., sheriff’s office has been one of several Illinois sheriff’s departments that ask applicants to sign into social media sites to be screened.

Chief Deputy Rusty Thomas defended the practice, saying applicants have a right to refuse. But no one has ever done so.

When asked what sort of material would jeopardize job prospects, Thomas said “it depends on the situation” but could include “inappropriate pictures or relationships with people who are underage; illegal behavior.”

E. Chandlee Bryan, a career coach and co-author of the book “The Twitter Job Search Guide,” said job seekers should always be aware of what’s on their social media sites and assume it will be looked at.

© Copyright 2012 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.


There are two comments on this story. Click here to view comments >>

Get stories like this in a free daily email