Web logs (blogs) simultaneously provide Internet users with social network prospects and employers a source of information suitable for employment assessment decisions but previously inaccessible. While social networks users may argue that posted content is private, courts have unequivocally ruled that the revelation of personal information in a public manner results in the diminution or elimination of reasonable privacy expectations. To avoid legal difficulties, employers are well advised to employ three particular policies when using information mined from blogs.
Three policies which may help ensure the lawful use of blogs include specific actions associated with third parties, existing employees and potential employees. First, attempt to ensure the firm’s personnel who research potential employee’s background comply with the appropriate third-party terms of use agreements while data mining blogs. Second, update the firm’s employee handbook to detail what data mined from blogs may be used, and what data mined from blogs may not be used. Third, update disclosures and background search permission acknowledgements used by potential employees and existing employees to appropriately cover blog review.
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