MEMO TO EMPLOYERS: Stay out of trouble – don’t search applicants’ Facebook accounts!

By Bobbie Fox
Attorney for SCF Arizona

The media and even members of the U.S. Senate are talking about whether employers can ask applicants for their Facebook passwords. Everyone wants to know – is this legal?

Maybe yes; maybe no. It could violate the Stored Communications Act or the Computer Fraud and Abuse Act.

In my opinion, this is the wrong question. What employers should be asking is: Is this reasonable? Your gut tells you the answer is NO. Does anyone in America really think they should give up their passwords to anything to their employer? Again, your gut tells you no, this is just not reasonable. 

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