Facebook Steps Up, Threatens Snooping Employers With ‘Legal Liability’ in New Note

Well, it seems that the question (as if there ever was one) of whether hiring managers should even be able to ask you for your Facebook password as part of the interview process has been answered unambiguously by Facebook itself, and the social network has stepped up in a big way to protect its users from respect-impaired employers who make the out of bounds request during the interview process.

Backing up a bit, it has been a point of contention for a while now- should potential employers have the right to sift through your private messages on Facebook before they decide you are hirable? And come to that, should they be allowed to sneak into your bedroom at night? After all, you might be into all kinds of crazy sex stuff and no one wants someone like that working for them- it could embarrass the company.

While it seems a clear cut, “absolutely not” type of answer, the “personal responsibility” and bootstrapping brigade has been arguing for such a violation of privacy since day one, saying that basically, if you don’t want to give up your Facebook information, find another job. (We do have laws protecting your privacy in many other ways- such as making it so potential employers can’t ask your age, or whether you are pregnant or plan to have children, so a law protecting your privacy on social networks isn’t without precedent.)

Still, it would seem the practice was dealt a massive blow today with a public note from Facebook reassuring users that you don’t have to allow anyone to go through your personal Facebook stuff- and that in fact, Facebook contends the practice is not only a TOS violation, but possibly leaves nosy companies open to legal liability. Take that, snoops!

In the note, Facebook’s privacy czar Erin Egan smacks down the worrying trend, beginning:

“In recent months, we’ve seen a distressing increase in reports of employers or others seeking to gain inappropriate access to people’s Facebook profiles or private information… The most alarming of these practices is the reported incidences of employers asking prospective or actual employees to reveal their passwords.”

Egan addresses the other issue at hand, that by doing such a thing, it’s not only your privacy that’s being violated:

“…as the friend of a user, you shouldn’t have to worry that your private information or communications will be revealed to someone you don’t know and didn’t intend to share with just because that user is looking for a job. That’s why we’ve made it a violation of Facebook’s Statement of Rights and Responsibilities to share or solicit a Facebook password.”

Good point, Erin. She also adds:

“We don’t think employers should be asking prospective employees to provide their passwords because we don’t think it’s right the thing to do. But it also may cause problems for the employers that they are not anticipating. For example, if an employer sees on Facebook that someone is a member of a protected group (e.g. over a certain age, etc.) that employer may open themselves up to claims of discrimination if they don’t hire that person.”

Hopefully, such clear wording will halt the terrible practice in its tracks. Have you ever been asked to provide your Facebook login to anyone for hiring purposes?