Class 6

Internet Privacy Law

Social Media Privacy

Reasonable Expectation of Privacy

User control over privacy

Student/Employer Access to Social Network

Accounts

EMPLOYEE AND STUDENT SOCIAL NETWORK PRIVACY

❖ Employer, recruiter, or school asks applicants or student for access to online pages, social media accounts, and emails without a legitimate purpose where innocent third parties do not expect they are communicating with a school or employer jeopardizes their privacy and safety.

MODEL SOLUTIONProhibited actions by employers or schools:

❖ Request/require credentials to access a personal online account

❖ Compel giving employer/school access to personal online account via relationship link

❖ Compel over-the-shoulder observation of personal online account

❖ Take adverse action for someone’s failure to give any of the above

Exceptions for access:❖ Retain access to devices and accounts supplied by the

employer/school.❖ Maintain a safe environment and follow all law❖ Meet their obligations to screen applicant

STATES ARE MAKING THESE PROTECTIONS LAW

No Law

Enacted Privacy Law

Marketing on Social Networking Sites

(promoted ads/tweets)

Facebook Beacon

Complaint against Facebook

❖ Video Privacy Protection Act, a statute which protects against disclosure of video rental records.

❖ Violated ECPA since information sent between a Facebook user's computer and the websites of Beacon affiliates was intercepted, and this communication was disclosed for an unlawful purpose.

❖ Violations of CFAA

Striking the Right Balance

Google Buzz