Tag Archives: businesses

What NOT to include in your social media policy

HR.BLR has a good list to keep in mind when drafting your social media policy.  Please read this very carefully.

Social Media Policies: What NOT To Do

When creating your social media policies, here’s what NOT to do:

  • Don’t screen applicants on social media and/or ask for passwords to such sites. “Increasingly [such practices] will be prohibited by both federal and state law,” Scott explained. Additionally, screening on social media opens the risk for discrimination claims based on protected class status that may be discovered in social media postings.
  • “Don’t adopt social media policies which are overbroad, or which unreasonably chill the exercise of protected concerted activity rights under the NLRA.” Scott continued.
  • Don’t fire or discipline employees for social media content without first reviewing with counsel to ensure you are not crossing the line. Remember that the line is moving quickly as technology changes!
  • Don’t use third-party apps that are overbroad in their access to applicant and employee information.
  • Don’t refuse to hire applicants (or fire or discipline employees) based on information culled from social media without checking with experienced legal counsel.

Social Media Policies: What TO Do

Here are some “dos” for social media policies

  • Create a current, effective and enforceable social media policy.
  • Instruct employees not to use vulgar, obscene, threatening, intimidating or harassing language; attack people based on protected status (e.g., union status or activity, disability, national origin, etc.); disparage company products and services; or disclose confidential or proprietary company information.
  • Create a companion privacy policy, establishing guidelines to prevent the disclosure of confidential employee or company information. Confidential employee information may include things such as home addresses, birthdays, employee personal data (including medical data), and protected status information. Company proprietary information could be financial, trade secrets, or other business information deemed confidential. (These lists contain examples, but are not comprehensive.)
  • Train employees about social media policies.
  • “Use a non-decision-maker to filter the contents of the social media page” if you do use social media as part of applicant screening, Semler advised. This is so you don’t get charged with the knowledge of protected status.
  • Monitor ongoing legal developments and conform your practices to those changes. For example, monitor the constantly changing laws, regulations and rules established and implemented by federal and state legislatures, agencies and courts.

via What NOT to include in your social media policy.

Advertisements

Leave a comment

Filed under electronic discovery, Privacy Rights

Mobile Data Privacy Laws Misunderstood by Users

Smartphone users understanding of privacy laws may not be accurate, according to a recent survey by law researchers from the University of California at Berkeley. The survey considered data from 1,200 users telephoned on either a landline or a mobile phone and sought to gain insight on perceptions about privacy as it relates to data stored on mobile devices. Researchers found that over 80 percent of users surveyed believed that their mobile phone was as private at their personal computer. Further, 70 percent of users would not want their cell phone provider to use location-based data to target ads to them, nor would they wish for social networking apps to use their contact lists.

As discussed by Technology Review, most smartphone users surveyed were seemingly unaware that, during an arrest, courts have allowed the search of a cellphone just as if it were any other possession. Regarding the use of location-based data for targeted advertisement, many apps already collect location data, sometimes with the users unknowing permission, hastily and inadvertently given when accepting the conditions of a free app.

But for midsize businesses, it is the collection of users contact lists that is perhaps most troubling. Businesses have privacy policies to protect customer information, but rightly or wrongly, it is a common enough practice in industry for employees to store customer phone numbers and other sensitive information on business and sometimes even personal cellphones. A recent article in Todays iPhone says that a recent Bitdefender study of 65,000 apps showed that 18.6% access cellphone users contact list information, and only 57.5% of those apps go on to encrypt the captured data. Although the release of iOS 6 will warn users when an app wants to collect data, it is still a troubling statistic.

via Midsize Insider: Mobile Data Privacy Laws Misunderstood by Users.

Leave a comment

Filed under electronic discovery, Privacy Rights