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Social Media, Privacy, and the Legal Implications

Robert Holland

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Who am I?

Employment Partner, Balfour+Manson LLP, Edinburgh & Aberdeen

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• Privacy & Protection by the Law – the big issue

• Effects both Students entering employment and Employers recruiting

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When Social Media and Privacy collide it can be catastrophic…..

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This could be your student

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In recruitment, privacy issues can cause just as many problems……

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Privacy Law

What does the Law offer asprotection for Social Media users?

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Privacy Law

• European Convention on Human Rights/Human Rights Act 1998

• Data Protection Act 1998

• Regulation of Investigatory Powers Act 2000

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Privacy: ECHR/Human Rights Act

• Articles 8 & 10

• The right to freedom of expression…and its limitations

• Some examples

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SNS Case Examples

• Gosden v Lifeline Project Limited

• Preece v JD Weatherspoons plc

• Taylor v Somerfield

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Data Protection – recruiters beware!

• DPA 1998 applies to “personal data”• Employers need to respect the

requirements of the DPA 1998 in respect of current and former job applicants and employees.

• Is information posted on SNS caught by the Act?

• RIPA 2000

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Recruitment• Whilst the law sets boundaries for

employers, it does not prevent them from conducting background checks on job applicants using social networking sites.

• What does that mean for employers and your students?

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Recruitment and Employment Law

• The Equality Act 2010 prohibits discrimination against job applicants because of age, disability, gender reassignment, marriage, civil partnership, pregnancy, maternity, race, religion or belief, sex and sexual orientation (“the protected characteristics”).

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Discrimination Law & its impact on recruitment

• Background checking – problems!• Check policy of employer on background

checks• www.equalityhumanrights.com (Chapter

16)

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Legal claims before & during employment

• Employment tribunal claims/large compensation

• Breach of confidentiality/data protection laws

• Breach of Copyright

• Defamation

• Criminal threats/behaviour

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Tips for your students: Part 1Know your SNS profile

• 43% of managers who use SNS to recruit have turned down candidates as a result of information uncovered online

• Interestingly, 19% have offered job based on a SNS profile

• Google your profile and find out what your image says about you.

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• Password protection

• Nevada Law

• Keep your Social Media contacts from your employer

Tips for your students: Part 2Know your rights

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Any questions or

Lunch?!