YES OR NO?
MAY EMPLOYERS ACCESS INTO ITS EMPLOYEES’ SOCIAL NETWORKING
SITES?
(DISCLAIMER:
Not to be taken as legal advice, created for academic purposes only.)
It is the prerogative of an
employer on how it will determine who can be a part of its institution. The
government provides for the laws and implementing rules on which the employers
as well as the employees are bound to adhere. In a government where the
policies are interpreted only by law and legal substance, morality, though not
apparently included is inherent upon those who are implementing the rules. The
law may be harsh but that is the law, it is made so that it will be implemented
and followed. The law stops where it is already infringing into the rights of
another. Laws must not be oppressive, laws are supposedly protecting the rights
of those who are afforded with.
In allowing employers to
access its prospective or current employee’s social networking sites and
accounts renders it as a violation of one’s right of privacy. Imagine during
the job interview the employer scans through your Facebook account looking for
something which they may find for or against their company which you are
applying for a job, it is like you are being molested or humiliated in front of
other people, it’s like letting them play inside your own backyard without you
giving them the permission.
There are other avenues on how to conduct a
background check on one’s identity. Social networking behavior does not represent
one’s personality and character. It is a mere outlet of one’s self. The
employer is so afraid that employees might inadvertedly leak classified
information by making a post in a social networking site. The presumption must
be that the employee is capable of
separating his social life with his professional life, by letting employers
access the employee’s social networking site is like preventing a violation
which no one knows whether it would be committed or not. Suppose the employer
finds something which will prejudice the employees chances of being hired. The
act of entering into a social networking site is demeaning and undignified,
again, the social networking site behavior of a person does not reflect his way
of life, and it is a mere outlet, an expression of one ’s self.
In the State of Maryland in
the USA, its lawmakers passed a legislation protecting employees from employer’s
who require social networking access. The focal point of which is the protection
for privacy. In the United States privacy is a big thing and people are always
aware of their rights, they should be because they are in the land of the free.
Living in the United States is simple, because people know their role in the
society, they trust their government, though people are free to voice their thoughts,
they can do what they want as long as it is in accordance with the law, bottom
line is they know their role and they let their government do its job, not like
here in the Philippines where everyone wants to be president. By implementing
this law, the citizens are guaranteed of the protection without having to worry
whether the employer requires their usernames and passwords, it is not a
question of whether it is moral or not, rather
if it is lawful or unlawful.
In another article,
Facebook, the social networking giant has also raised its fight against employers
asking for the access of social networking sites. It says that it is not only
injurious upon ones’ self it will also be harmful to the employees friends and
friends of friends.
If what the employers are
trying to protect are their rights, they should not be infringing some other
person’s rights either, by going into their social networking sites.
LINKS/SOURCES:
http://mashable.com/2012/03/23/facebook-responds-employers-passwords/
http://www.searchenginejournal.com/maryland-law-facebook-employers/42528/
http://www.webpronews.com/should-your-employer-have-access-to-your-facebook-account-2011-02
(DISCLAIMER:
Not to be taken as legal advice, created for academic purposes only.)
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