SOCIAL MEDIA IN THE WORKPLACE

Ronda H. Lacey, J.D., R.Ph.

Social Media in the W k lWorkplace

• In order to understand• In order to understand potential legal challenges

di th f i lsurrounding the use of social media in the workplace, it is important to know what the term means.

What is Social Media?What is Social Media?

• Form of electronicForm of electronic communication (as Web sites for social networking and micro gblogging) through which users create online communities to share information, ideas, personal messages, and other

t t ( id )content (as videos).Merriam-Webster Dictionary.

Types of Social MediaTypes of Social Media

Social NetworksSocial NetworksBookmarking SitesS i l NSocial NewsMedia SharingMicro bloggingBlog Comments and ForumsBlog Comments and Forums

Social NetworksSocial Networks

• Most popular sites:Most popular sites:FacebookLinkedInLinkedIn

• Most people use Facebook as th i l it d Li k dItheir personal site, and LinkedIn as their professional site.

• Problems frequently occur when professionals have both sites!

Bookmarking SitesBookmarking Sites

• Bookmarking such as DeliciousBookmarking such as Delicious [Delicious.com] and StumbleUpon [StumbleUpon.com] allow you to

i d li ksave, organize and manage links to websites, photos, videos or other resources around theother resources around the internet.

• The sites allow you to tag links for easy search and share.y

Social NewsSocial News

• Trending news items are postedTrending news items are posted and followers vote on items. The topic with the most votes receivetopic with the most votes receive priority on the site and are more prominently displayedprominently displayed.

• The most popular sites are:DiDiggReddit

Media SharingMedia Sharing

• Media sharing allows the• Media sharing allows the user to upload and share it h id ditems such as videos and pictures.

• The most popular sites are• The most popular sites are YouTube and Flickr.

What are the two most popular Social Networkpopular Social Network

Sites?

The PositiveThe Positive

• Social Media can be used to:Social Media can be used to:Promote your businessHoursHoursServices from MTM to Delivery

Provide useful information aboutProvide useful information about disease state managementLipidsDiabetes

The PositiveThe PositiveEngage the community in events Drug take back programs Immunizations Brown bag lunches

Communication during times of emergencySnow stormsTornados

How Can You use Social Media in a PositiveMedia in a Positive

Way?

The NegativeThe Negative

• There are numerous “Top TenThere are numerous Top Ten Sites” that discuss legal issues with social media from a legal gperspective including Neal & McDevitt, Attorneys and Miller, Canfield, Paddock and Stone Attorneys.

• Today, we will only address the top 3 legal Challenges!

Top 3 Legal ChallengesTop 3 Legal Challenges

1 HIPAA violation1. HIPAA violation

2 D f ti2. Defamation

3. Business Issues such as HR, disgruntled employee, private g p y , pbusiness records [Income]

HIPAAHIPAA

• Do you have patients that areDo you have patients that are your “friends” on Facebook?

• Do you have patients that are• Do you have patients that are one of your followers on Twitter? LinkedIn?LinkedIn?

• Do you have a physician that is f i d f ll ?a friend or a follower?

HIPAA ViolationsHIPAA Violations

Can result in:Can result in:Financial fines and penaltiesLawsuit by the patientLawsuit by the patientFines and license restrictions by

the Alabama State Board of Pharmacy

The violation can be as a result f ti i ti f ilof your action; inaction; or failure

to supervise an employee!

DefamationDefamation

Defamation is:Defamation is:Intentional false statementWrittenWrittenOralRes lts in an inj r to anotherResults in an injury to another

person’s reputationResult in civil criminal and/orResult in civil, criminal and/or

administrative charges

DefamationDefamation

• Slander – verbal• Slander – verbal• Libel – written• A defamation lawsuit may be in

addition to any HIPAA violation.• If you use social media –

monitor it carefully!y• Make sure you have a “rider” on

your insurance.your insurance.

How to Avoid Charges(Minimize the Chance of(Minimize the Chance of

Lawsuit)• Never name a patient when• Never name a patient when

posting to social media UNLESS you have their express writtenyou have their express written permission.

f• Even if it is positive – request and receive written permission ffrom the patient to use their name and/or image.

How to Avoid ChargesHow to Avoid Charges

• Remember the standard is “do notRemember the standard is do not discuss patients”

• Post or reply ONLY when specificPost or reply ONLY when specific written permission is granted.

• It only takes 1 breach to damage• It only takes 1 breach to damage your reputation!

• If possible monitor your• If possible – monitor your employees’ site (if you are a small business owner)business owner)

Business IssuesBusiness Issues

• Translation: Damage to yourTranslation: Damage to your business.

• Recently a disgruntled employeeRecently a disgruntled employee hacked into the company’s Twitter account and sent out a messageaccount and sent out a message about the layoffs being a “mass execution”

• What would a “bad” tweet from an employee do to your business?p y y

Business IssuesBusiness Issues

• Confidential company informationConfidential company information can be disclosed, such as: [i.e. financial, client/patient/customer , pbase, pending sale, pending merger, etc]g ]

• Confidential HR information could be disclosed [such as hiring [ gpractices; firing practices; individuals selected for layoffs]

Could It Happen to Me?Could It Happen to Me?

RememberRemember

Social Media StatementsSocial Media Statements are:NOT privateC NOT bCan NOT ever be

deleted

Example of Blunders!Example of Blunders!

Have you ever heard of Justine Sacco?Justine Sacco?

Sacco was fired immediately!

She found out about her termination when she landed

in Africa.

Think Before You ActThink Before You Act

Think Before You Re-Tweet!

Rev. Jackson deleted the post but it is still onthe post but it is still on

the internet.

Always Show RespectAlways Show Respect

Photos Never Go Away

Politicians Give Me So Much to Work With!

Lessons Learned?Lessons Learned?

• It is easy to look at the examplesIt is easy to look at the examples provided and see fault.

• Can you use these examples toCan you use these examples to better protect your business? To better protect patientbetter protect patient confidentiality?

• Remember the information neverRemember, the information never goes away and once it is out there IT CAN BE ALTERED!