Abstract

http://ssrn.com/abstract=2020790
 
 

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Privacy is Dead: The Birth of Social Media Background Checks


Sherry Denise Sanders


Southern University Law Center

March 12, 2012

Sherry D. Sanders, Privacy is Dead: The Birth of Social Media Background Checks, 39 S.U. L. REV. 243 (2012).

Abstract:     
For years employers have used social networking sites (SNS) such as Facebook, Twitter, MySpace, Google, and LinkedIn to dig up incriminating evidence on prospective or current employees. Now credit reporting agencies (CRA) may conduct “social media background checks” on employees as well. The Federal Trade Commission (FTC) has given companies, like Social Intelligence, the stamp of approval to rummage around the Internet for anything a potential job candidate has done or said online in the past seven years. Both CRAs and employers must comply with the Fair Credit Reporting Act (FCRA).

This article addresses the legal ramifications of social media background checks and the difficulty in applying the FCRA to this new employment practice. A careful review of important provisions governing the FCRA and federal cases that have interpreted the statute illustrate the difficulty in holding CRAs liable for inaccurate or negligent reporting. This article focuses on the application of the FCRA to CRAs, employers, and SNSs. Additionally, the article will look at ways employees are contributing to an invasion of their own privacy. The social media background check practice may prove to be troublesome and detrimental to employees. The author proposes that the practice should be abolished as the risk of harm to employees outweighs the potential benefits to employers.

Number of Pages in PDF File: 24

Keywords: employment, social media background checks, social networking site, SNS, Google, Facebook, Twitter, MySpace, LinkedIn, Federal Trade Commission, FTC, Fair Credit Reporting Act, FCRA, Employee, Employer, Credit Reporting Agency, CRA, Social Intelligence

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Date posted: March 14, 2012 ; Last revised: June 17, 2013

Suggested Citation

Sanders, Sherry Denise, Privacy is Dead: The Birth of Social Media Background Checks (March 12, 2012). Sherry D. Sanders, Privacy is Dead: The Birth of Social Media Background Checks, 39 S.U. L. REV. 243 (2012). . Available at SSRN: http://ssrn.com/abstract=2020790

Contact Information

Sherry Denise Sanders (Contact Author)
Southern University Law Center ( email )
P.O. Box 9294
Baton Rouge, LA 70813
United States
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