Not only has the internet seen rapid expansion throughout the past decade but has also caused new laws to be formulated so that activities in cyber space can be kept in check. The advent of this burgeoning technology has also paved the way for several websites which enable online socialization and interaction. Popularly dubbed “Social Media” platforms like YouTube, Facebook and Twitter are home to millions of users who log in daily to interact with their family and friends, post information on their profiles and upload pictures and videos of their interest.
With such huge clientele social media has become a rich source of information – an enormous database of sorts which can provide detailed information on an individual. Access to such information is particularly interesting for employers as it can provide a peak into the job applicant’s/employee’s personal life and reveal others opinion about them. Social media monitoring can therefore become problematic.
House Bill 318
In an effort to protect individual privacy, the Texas House passed bill 318 that will prohibit employers from demanding access to job seekers Twitter, Facebook, Google Plus and other social media accounts along with personal email. However, employers will retain their right to keep a check on official social media/email accounts and monitor use of computers and smartphones provided by their organization.
Democrat Giddings Speaks Out
The move comes after Desoto Democrat Helen Giddings stated that she decided to pursue the bill after several residents complained that they were being pressured into revealing their personal email passwords, and to give access to their social media accounts to perform a background check and look for references on their previous employment history.
Speaking about her actions Giddings stated, “This is about protecting the privacy and freedom of speech for an individual”.
With the bill coming into effect this past Thursday, employers will no longer be allowed to make such demands from applicants seeking employment with their organization. According to statistics provided by the National Conference of State Legislature, along with Texas, the states of Arkansas, Utah and New Mexico had also adopted the legislature and thirty more are considering taking similar measures to help restrict employers from making demands that invade individual privacy.
Opposition
The passing of Bill 318 saw opposition in the form of various business groups which argued that the bill will do more bad than good and that it weakened their position as far as effectively responding to intellectual property theft was concerned.
The bill was given tentative approval with 4 Democrats in opposition and 32 out of 95 Republicans that filled the house in favor. The final tally stood at 79 in favor and 61 in opposition.
Republicans Roth and Villalba Break Silence
Jason Villalba – a prominent Republican – stated that allowing such a bill would hinder preventive action if intellectual property theft was to occur.
On the other hand, speaking in favor of the bill Republican Representative Steve Roth of The Woodlands praised the bill as a means of individuals to shield themselves from disallowed business tactics by large corporations.
In response to Villalba’s objections Roth stated, “When you go to work for a corporation, do you give up your Fourth Amendment right for social media?”
According to Giddings Bill 318 aims to benefit employers as well since it allows them to check even personal email and social media accounts as long as official hardware was used to access those accounts.
