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There has been a lot of recent talk of employers asking job
applicants for social media passwords. The idea is fraught with
problems for employers and it is far from clear that the
information gained makes the problems and risks worthwhile.
Many of the issues are usefully canvassed in a piece in
today's Globe.
BUT - there is a danger for employers in
British Columbia. The piece in the Globe suggests that the only
restriction on an employer asking an applicant for a social media
password is human rights. But under the Personal Information
Protection Act (British Columbia), there is a general test of
reasonableness for any collection of personal information. It would
be difficult to argue that it is reasonable to ask every job
applicant to divulge their social media password. That is certainly
the view of BC's Privacy Commissioner as shown in the Guidelines on Social Media Background
Checks.
Privacy issues, in addition to human rights and other issues,
must be considered by employers in BC (and other employers subject
to privacy legislation) before asking for social media passwords.
If an employer has a legitimate and reasonable need to ask a job
applicant about an issue that might be answered by a social media
search, a direct question may be the simplest and best
approach.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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