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Illinois employers can no longer demand social network passwords

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Illinois

* An interesting little bill was signed into law yesterday…

Illinois employers will no longer be allowed to ask workers or job-seekers for their social media passwords.

Governor Pat Quinn has signed the so-called ‘Facebook law,’ which is intended to protect the online privacy of workers and people applying for jobs. The bill comes as a result of some hiring managers requesting passwords to log in to the accounts of prospective employees as a way to weed out applicants.

* The signing prompted a little editorializing from a Trib reporter…

It’s unclear how many companies in Illinois were asking workers or prospective employees for their social media passwords. As such, it’s difficult to determine whether the bill is the type of legislation coming out of Springfield that is a solution in search of a problem.

* But law enforcement was opposed to the bill…

Some law enforcement authorities in the state have argued that they need the right to ask for social network passwords so they can get a complete picture of an applicant’s life.

But Ed Yohnka, spokesman for the Illinois branch of the American Civil Liberties Union, doesn’t buy that.

“There are all sorts of investigative devices that, of all people, law enforcement has to examine and think about the backgrounds of the people that they hire,” he said. “What they don’t need to know is what they think about politics or other things, which are often the kinds of things people post on their Facebook account.”

* Sun-Times…

Lori Andrews, a professor at IIT’s Chicago-Kent College of Law, said research has shown that 75 percent of employers require their human resources departments to look at online profiles before offering an applicant a job, and that a third of employers have turned down applicants based on those searches.

“Some of this is very improper,” Andrews said at Wednesday’s event.

Andrews noted that online profiles can contain information about a person’s religious beliefs, political affiliations and sexual preference.

* The bill’s original sponsor, Rep. LaShawn Ford (D-Chicago) says the issue was brought to his attention by constituents…

Rep. LaShawn Ford, D-Chicago, said he decided to sponsor the legislation after hearing from several constituents who were asked to list their passwords on job applications. Ford said the measure will remove some of the barriers people face when looking for employment.

* And Senate Republican Leader Christine Radogno was the chief Senate sponsor. From a press release…

“Employers certainly aren’t allowed to ask for the keys to an employee’s home to nose around there, and I believe that same expectation of personal privacy and personal space should be extended to a social networking account,” said Leader Radogno, who pointed out employers are not allowed to ask employees or job applicants about age, sex, race, or sexual orientation—all information that could be easily gleaned from a social networking site. “This law will not only protect employees’ reasonable rights to privacy on the Web, but will shield employers from unexpected legal action.”

* Employers will still be able to set usage standards for company computers and company time, and they won’t be stopped from looking at public Facebook and Twitter pages. From the statute…

Nothing in this subsection shall prohibit an employer from obtaining about a prospective employee or an employee information that is in the public domain or that is otherwise obtained in compliance with this amendatory Act of the 97th General Assembly.

* The House sponsor had to jump through a bunch of hoops to get this bill passed. The first version, filed in May of 2011, had no exceptions or definitions. The second version, filed in February of this year, expanded the exceptions and added definitions. The third version, filed in March, expanded those even further. The changes helped the bill zoom out of the House in late March on a vote of 78-30. It passed the Senate unanimously in May.

Ford did a good job of introducing a new concept and patiently shepherding it through the process. Ford also supported Dan Hynes against Quinn in the 2010 Democratic primary and there has been some lingering animosity between the two men. But Ford was invited to yesterday’s presser, so things must be better now.

Anybody out there ever post something on Facebook they’ve regretted?

posted by Rich Miller
Thursday, Aug 2, 12 @ 10:04 am

Comments

I’ve had to go and clean out some youthful things I had posted years ago.

If you go into “Account Settings” you will see an option to “Download a copy of your Facebook data”.

This puts it in a downloadable format that allows you to quickly search for keywords, identify the date of a post that contains it, and then go into your facebook and delete it.

Comment by Anon Thursday, Aug 2, 12 @ 10:24 am
All the time. That’s why I deleted my Facebook account.

Comment by Demoralized Thursday, Aug 2, 12 @ 10:30 am
~Anybody out there ever post something on Facebook they’ve regretted? ~

I had to get up and close my office door, Rich. Thanks for the laugh!

I’m finding it amusing now that the Trib uses Facebook for comments how many people identify themselves as working for this or that company while they sit there and vilify politicians they don’t agree with,or the Olympic uniforms, or whatever. I know if someone here is identified they’re going to get a stern talking to.

Comment by Cheryl Thursday, Aug 2, 12 @ 10:31 am
As a small business owner in Joliet who hired 3 people this year, we never asked for facebook or any other social media data anyway.

Comment by DoubleDown Thursday, Aug 2, 12 @ 10:37 am
The Facebook poster says what the sober man only thinks.

Comment by Ralph Thursday, Aug 2, 12 @ 10:39 am
I’ve been very careful about posting on facebook. Can’t say that about all of my Facebook “friends.”

Comment by Louis G. Atsaves Thursday, Aug 2, 12 @ 10:40 am
I’m an educator in a public school. I have to be careful because, as pointed out by my union, inappropriate comments about the school, staff and/or students on social networks could cost me my job.

Comment by Wensicia Thursday, Aug 2, 12 @ 10:50 am
Oh sure.

And on Rich’s blog. I just can’t seem to help myself. I’ve often wished for a ten-second delay to give time for good sense and courtesy to intervene.

Comment by walkinfool Thursday, Aug 2, 12 @ 10:57 am
I stopped posting stuff period several years ago. This was a good bill to pass and the Governor should be commended for passing it. Companies asking for facebook profile stuff today would be like HR folks 20 years ago asking for tapes from your answering machine.

Comment by Shore Thursday, Aug 2, 12 @ 11:05 am
The Tribbies must have missed the national flap over biz leaders/wing nuts who wanted to invade our lives, but then they are still pretending they wern’t caught in the fed wire tap of Blagoof.

Comment by CircularFiringSquad Thursday, Aug 2, 12 @ 11:27 am
Well done, LaShawn!

A lot of people talk about the right to privacy when it comes to, say, FOID card holders. But when it’s a Facebook account, you’re out of luck, unless you have a FOID card.

Almost all of the 30 NO votes came from Republicans, the same ones who think FOID card info is sacrosanct.

Comment by reformer Thursday, Aug 2, 12 @ 11:35 am
People have been saying the stuff they write on Facebook for several centuries now. Civilization has not collapsed. How many people making decisions to not hire someone based on Facebook have the exact same material at home in their private collection? At the same time putting something on Facebook is like passing around a private newsletter. Lots of people eventually see it. You put it out there and it can come back to you in ways that were not in the original plan. No one is forced to used any form of social media. Just be aware of what you are saying. Or simply do not use it.

Comment by zatoichi Thursday, Aug 2, 12 @ 11:37 am
As a follow up to Rich nixonoan post yesterday the media seems to be ignoring Rahms attempts to influence the Minn. AG’s investigation into a friend of his( and big dem donor) illegal business practices in Minnesota. Rahm wrote a letter pointing out his position in the dem party and seeking favorable treatment for his buddies. This same firm is now no longer allowed to operate in Minn but still operates in Illinois. I’m guessing Lisa madigan followed rahms instructions and ignored a big dem donors behavior.

Comment by Fed up Thursday, Aug 2, 12 @ 11:51 am
===the media seems to be ignoring===

Actually, the media isn’t ignoring it. Where did you find out? I read it in the Trib. And my recollection is that the company doesn’t do that collection stuff here anyway and it was looked at by the AG.

Try again, Chairman Brady.

Comment by Rich Miller Thursday, Aug 2, 12 @ 11:53 am
This is unacceptable. I created a Facebook account loaded with inaccurate data calculated to portray me as the model employee. I was thinking of turning it into a business model and sell my services to the unemployed. And now I can’t share it on request at the interview? Volunteering it isn’t as effective. Foiled again.

Comment by Cook County Commoner Thursday, Aug 2, 12 @ 12:07 pm
Good law. Hats off to Rep. Ford and Sen. Radogno.

Comment by wordslinger Thursday, Aug 2, 12 @ 12:40 pm
Will they get rid of the law when Facebook is gone in a few years?

Another tempest in a teapot diverting the voters from concentrating on what is really important.

Comment by Plutocrat03 Thursday, Aug 2, 12 @ 12:56 pm
–Another tempest in a teapot diverting the voters from concentrating on what is really important.–

Yeah, it’s all part of the Grand Conspiracy. Because, as we all know, voters can’t walk and chew gum at the same time.

Only one issue, please (which one is it?).

Comment by wordslinger Thursday, Aug 2, 12 @ 1:03 pm
Thank Goodness this has been passed! Everything is right in Illinois now, since the GA and Governor addressed this issue with a law…
Frankly, if I had a prospective employer who wanted passwords as part of an interview process, I would leave. An employer like that is looking for gotcha more than an employee. I don’t post anything that I would be ashamed of or embarassed by, so it would really be a point of honor for me to refuse.

Comment by LisleMike Thursday, Aug 2, 12 @ 1:09 pm
Rich
You really believe that the company acts differently in Illinois then it does in Minnesota. I was simply stating rahms actions are much more Nixon like then the examples you gave yesterday. I know you have a soft spot for Lisa sorry for making you defend her.

Comment by Fed up Thursday, Aug 2, 12 @ 1:10 pm
===You really believe that the company acts differently in Illinois then it does in Minnesota. ===

They do different things in the different states.

Comment by Rich Miller Thursday, Aug 2, 12 @ 1:12 pm
- Frankly, if I had a prospective employer who wanted passwords as part of an interview process, I would leave. -

Must be nice to live somewhere with more jobs than people to fill them. Here in Illinois and the US, however, some people are fairly desperate for work.

Comment by Small Town Liberal Thursday, Aug 2, 12 @ 1:26 pm
I’ve learned that the web is not the place to discuss personal matters or real people that we know. I have not joined Facebook. I’ve seen too many stories of TMI or bad judgment on Facebook.

I am glad the IL govt passed this law. It is like giving an employer your mail, letting them read your diary, exploring your bedside stand, your closet, etc. This is not employers’ business.

Comment by Southern Peggy R Thursday, Aug 2, 12 @ 1:44 pm
@small town liberal: come on. Really? I know there are more people than jobs. Your comment reeks of “poor me if only the government could protect me from myself” Truth: I don’t know of any employers who have asked for passwords and my comment was “as a point of honor” to refuse.

Comment by LisleMike Thursday, Aug 2, 12 @ 1:48 pm
LisleMike - Again good for you, but apparently some folks have been asked and maybe they can’t afford to take the “point of honor” approach to job seeking.

I’m not in a situation like that, and I don’t have a clue what you mean about the government protecting me from myself, but I do appreciate it when the government protects me and others from nosey employers who think they have the right to know everything about folks’ personal lives.

Comment by Small Town Liberal Thursday, Aug 2, 12 @ 1:55 pm
Seriously, was this a problem?

Has anyone here had this happen to them?

I think the media blew this way out of proportion, and the speed at which Springfield decisively acted on it leads me to believe that in the scheme of things, this was really a non-issue.

Comment by Ralph Thursday, Aug 2, 12 @ 2:56 pm
How was this ever allowed in the first place? What a gross violation of individual rights to actually expect someone to hand over his or her personal password information. Are you kidding me? Thanks for posting this, I did not realize this was actually legal until now. Great law. Thank goodness this kind of behavior has been stopped!

Comment by Don't Understand Thursday, Aug 2, 12 @ 4:01 pm
Um, Ralph, do you consider 15 months and 3 versions speedy?

Comment by Vote Quimby! Thursday, Aug 2, 12 @ 10:51 pm