Facebook May Sue Employers Who Demand Passwords

Let's get one thing straight: employers have no right to your Facebook password even if you're stupid enough to log onto the social website during working hours. Unless you're managing the company's Facebook page, your account is your own business, and employers have no right to it. Facebook apparently agrees, and is threatening to sue any employer who demands personal Facebook login credentials from employees or job applicants.

"This practice undermines the privacy expectations and the security of both the user and the user's friends," Erin Egan, the site's chief privacy officer, wrote Friday on the site's Facebook and Privacy Page. "It also potentially exposes the employer who seeks this access to unanticipated legal liability."

Egan points to numerous reports that have surfaced over the last few months. One example is Robert Collins, a nursing student, father and corrections supply officer with the Maryland Department of Public Safety and Correctional Services. After taking a short leave to deal with his mother's death, he returned to discover that he had to fork over his personal Facebook password if he wanted to keep his job.

"My personal communications, my personal posts, my personal pictures, looking at my personally identifiable information, where my religious beliefs, my political beliefs, my sexuality — all of these things are possibly disclosed on this page," Collins reports via the ACLU of Maryland. "It's absolute total invasion and overreach."

Facebook agrees. "If you are a Facebook user, you should never have to share your password, let anyone access your account, or do anything that might jeopardize the security of your account or violate the privacy of your friends," Egan states. "We have worked really hard at Facebook to give you the tools to control who sees your information."

That said, Facebook takes its users' privacy seriously, and has no problems unleashing the legal hounds on nosy employers. "We’ll take action to protect the privacy and security of our users, whether by engaging policymakers or, where appropriate, by initiating legal action, including by shutting down applications that abuse their privileges," Egan adds.

Facebook has updated its Statement of Rights and Responsibilities to address the password issue, as seen here.

Meanwhile, Assemblyman John Burzichelli (D-Cumberland/Gloucester/Salem) is introducing legislation that would prohibit an employer from requiring a current or prospective employee to provide or disclose any user name, password, or other means for accessing a personal account or service through an electronic communications device. They also can't force current and potential employees to waive or limit their protection granted under the bill as a condition of employment.

Even more, the bill prohibits an employer from retaliating against current and potential employees that file a complaint or testify against said employer in regards to acquiring personal information. Violations of the provisions of the proposed bill would carry civil penalties up to $1,000 for the first violation, and $2,500 for each subsequent violation.

"This is a huge invasion of privacy. It’s really no different than asking someone to turn over a key to their house,” he stated on Thursday. "In this job market, especially, employers clearly have the upper hand. Demanding this information is akin to coercion when it might mean the difference between landing a job and not being able to put food on the table for your family."

The bill will formally be introduced the next time the Assembly is in session, reports the New Jersey Assembly.

TOPICS

Kevin started taking PCs apart in the 90s when Quake was on the way and his PC lacked the required components. Since then, he’s loved all things PC-related and cool gadgets ranging from the New Nintendo 3DS to Android tablets. He is currently a contributor at Digital Trends, writing about everything from computers to how-to content on Windows and Macs to reviews of the latest laptops from HP, Dell, Lenovo, and more. 

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  • runswindows95
    I hope this passes. I wouldn't trust any employer with my log-in information.
    Reply
  • memadmax
    "I hope this passes"....

    WTF? Can you read???
    Reply
  • Mathos
    They need to make the fines more severe on that law. 1000-2500 is a slap on the wrist for any large business. I'd say something more like 1 to 2 million per offense.
    Reply
  • scannall
    Just have a spare Facebook account that is your 'Display Model'. Then the one you actually use.
    Reply
  • papaswedine
    why would a company want your login credentials? (other than harassing you or stealing your info?) glad FB is doing something to help the little people...
    Reply
  • technicalbass
    And if you don't have a facebook page? What then? You can't get a job unless you have one? I don't consider myself a violent person, but if I was denied a job because I did not have a facebook page, I would murder the person in charge of that decision. I'm sorry but at this point I'm beginning to think the best thing is to just remove these people from the planet.
    Reply
  • loomis86
    scannallJust have a spare Facebook account that is your 'Display Model'. Then the one you actually use.
    why?? why should anyone need to bother with that? Just tell them "no, you can't ask me that". If they fire you, then sue their ass off.
    Reply
  • If you still use facebook in this day and age then you deserve to lose your own privacy and your identity. Welcome to the internet, noobs.
    Reply
  • loomis86
    technicalbassAnd if you don't have a facebook page? What then? You can't get a job unless you have one? I don't consider myself a violent person, but if I was denied a job because I did not have a facebook page, I would murder the person in charge of that decision. I'm sorry but at this point I'm beginning to think the best thing is to just remove these people from the planet.

    This is NOT a very wise thing to post and it can be argued also not a very moral thing to think.

    HOWEVER

    This person's comment illustrates very well the problem with a lawless society and a lack of personal rights and freedom. When people lose faith in the law and do not feel like their personal rights and freedoms are respected, they WILL begin to feel pressured to take care of their own problems their own way.

    That is a fact of human nature.

    Beware the slip into anarchy, people. This is how it starts. First the powers that be stop protecting the little folks from the sharks in the world, then the little folks start biting back. Then there is total chaos like what is happening in mexico with the illicit drug trade.
    Reply
  • psychoinferno
    If your company has an IT department and you log on to Facebook while at work, then they wouldn't have to "ask" for your password. Assuming you haven't enabled https of course.
    Reply