More people than ever before are connecting with one another on-line. As a result of the proliferation of social media sites like Facebook, LinkedIn, MySpace and Twitter, individuals have the ability to create personal profiles and exchange e-mails, pictures, files and instant messages on the Internet.
Social media sites are being used in the workplace. Some employers develop their own internal social media sites to assist employees in working together or for the purpose of sharing company information. In many cases, social media sites are accessed by employees at work for personal reasons.
This article addresses some aspects of social media sites that concern employers. Employers should be concerned about employees' use of social media sites for personal reasons. One major concern is loss of productivity. A second major concern revolves around privacy issues.
Social media sites raise privacy concerns for employers. The monitoring of potential or existing employees by employers through personal or work-based social media sites may be subject to privacy legislation applicable in their jurisdiction. In British Columbia, for example, employers are restricted in their ability to collect, use and disclose employee personal information without an employee's consent.
Many employers use Internet search engines, personal websites and blogs to discover information about prospective employees.
Employers should be aware that even publicly available social media site pages may contain inaccurate or outdated personal information. Employers must be extremely hesitant about relying upon such information. Employers should also not use personal information obtained from such sites in a discriminatory manner against prospective employees.
Most employees view their personal social media site pages as private. Employees are often unaware that personal information posted on these sites may be accessible by their employers and co-workers. Any organization that monitors its employees' use of social media sites must ensure that its employees are aware of this practice.
There are possible consequences to employers of inappropriate use of employee personal information on social media sites. An employer that uses an employee's personal information, which has been obtained from a social media site, without that employee's consent or in a discriminatory manner, could face privacy or human rights complaints, a workplace grievance under a collective agreement, a defamation lawsuit and negative publicity.
In order to minimize the risks associated with the use of social media sites, employers should develop and communicate to all employees a clear policy on the appropriate use of social media sites. The policy should cover:
- whether work-based or personal use of social media sites is permissible in the workplace;
- under what circumstances, and when social media sites may be used, such as only during unpaid breaks;
- a description of acceptable and unacceptable use of social media sites;
- whether the employer monitors social media sites;
- whether privacy legislation applies to the collection, use and disclosure of personal information in the workplace; and
- the consequence of failure to abide by the policy.
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.
