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Can a prospective employer ask for your Facebook password?

By | January 3, 2013, 10:57 AM PST

Until this week, it was perfectly legal for a company or university in California or Illinois to request the Facebook password of a prospective employee.

Now, thanks to state legislation that went into effect at the start of 2013, California and Illinois have joined four other U.S. states, including Delaware, Maryland, Michigan and New Jersey, to make the practice illegal, reported Wired.

The law doesn’t prevent employers from looking at what potential hires or employees publicly post to social-media accounts. And if you happen to live in the other 44 states, it’s up to you to risk losing out on a job by refusing the request.

This isn’t a case of creating laws to stop a non-existent issue. There have been reports of employers across the U.S. demanding access to potential employees’ personal data on social media sites like Facebook and Twitter.

The password requests haven’t become a mainstay in human resource departments nationwide yet. However, enough reports surfaced to spur Facebook into action. Last March, the company’s chief privacy officer for policy issued a statement warning employers these types of requests exposes them to “unanticipated legal liability,” reported CNET at the time.

Facebook’s response prompted lawmakers in the U.S. as well as regulators in the U.K. to take action. The U.K.’s Information Commissioner’s Office issued a warning last year to employers to not request passwords from prospective or existing employees. Some U.S. state legislatures passed laws prohibiting the practice.

The federal government is another story. Last May, several U.S. senators introduced the Password Protection Act of 2012. It has languished in committee ever since.

Photo: Screenshot of Facebook login

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Kirsten Korosec

About Kirsten Korosec

Kirsten Korosec is a contributing editor for SmartPlanet.

Kirsten Korosec

Kirsten Korosec

Contributing Editor

Kirsten Korosec has written for Technology Review, Marketing News, The Hill, BNET and Bloomberg News. She holds a degree from Northwestern University's Medill School of Journalism. She is based in Tucson, Arizona.

Follow her on Twitter.

Kirsten Korosec

Kirsten Korosec

Kirsten does not have financial holdings that would influence how or what she covers.

She writes for SmartPlanet and is not an employee of CBS.

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+6 Votes
+ -
They can ask.
They might not like the answer they get.
Posted by Hates Idiots
3rd Jan
+3 Votes
+ -
Right you are.
My answer would be "No".

Simply because I don't have and don't intend to get a Facebook account. I don't have any other social media accounts either, just some logons on a few places like SmartPlanet.
Posted by riverat1
3rd Jan
+5 Votes
+ -
In fact...
...I'd question whether I'd want to work for a company that would ask such a question.
Posted by JohnMcGrew@...
Updated - 4th Jan
+6 Votes
+ -
Ditto
I'd also add in, that I'd give them mine when the head of the company gives me his, and all of his underlings. There's no reason why the boss should have mine if I can't have his.

After all, a job offer is a two way bargain, maybe I don't want to work for this person depending upon what's on HIS/HER Facebook or LinkedIn pages.
Posted by BrewmanNH
4th Jan
+1 Vote
+ -
Facebook privacy
1.) Tell the interviewer that you don't wish to participate in something illegal (they won't know for sure if it is or isn't because the area is changing so fast). Human Resources people are very sensitive to potential legal liability issues.
2.) Keep two Facebook pages. One for potential employers, one for friends. be careful that both cannot be called up on one search. Be sure your security is kept tight - "family" at least.
3.) Potential employers have no business poking around in your personal business. Would you allow them into your mail or your bedroom activities?
Posted by FreeloaderFred
4th Jan
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