[Air-L] Privacy commissioner on employers use of online information ‘Dooced’ case

Walker, Stephanie stephanie.walker at library.und.edu
Mon Jan 22 09:25:18 PST 2018


Hello everyone

I've never posted in here before, but I just want to point out that the article refers to Canadian law, and only covers public institutions.  This is not the case in the US or many other countries.  I'm a Canadian citizen and US permanent resident, and have been working on copyright and privacy policies in academe for many years, usually in collaboration with the General Counsel of whatever institution I'm currently working with.  There are a lot of differences between the laws of various countries.  

Stephanie 


Stephanie Walker
Dean of Libraries & Information Resources
University of North Dakota
Chester Fritz Library, Room 217C
3051 University Ave, Stop 9000
Grand Forks, ND  
58202-9000
Tel: (701) 777-2619
stephanie.walker at library.und.edu





-----Original Message-----
From: Air-L [mailto:air-l-bounces at listserv.aoir.org] On Behalf Of Richard Forno
Sent: Monday, January 22, 2018 6:21 AM
To: Peter Timusk <peterotimusk at gmail.com>
Cc: air-l <air-l at listserv.aoir.org>
Subject: Re: [Air-L] Privacy commissioner on employers use of online information ‘Dooced’ case


I haven't read the actual law cited in the article, and of course IANAL, but I suspect this could be easily remedied by employers asking for the applicant's 'implied consent' in the job description and/or application instructions.   To wit:  "by applying to this position you agree to allow us to check publicly available social media, online forums, Google, blah blah blah as part of the candidate evaluation process."    (Heck I don't have a FB account, which has drawn question marks from background investigators and others over the years -- but hey, I enjoy being a statstical outlier in some things)

Not to mention there are any number of ways around this, of course -- both ethical and non.  So this might sound good on paper but is pretty much unenforceable in reality.

-- rick

---
Dr. Richard Forno
Senior Lecturer, CSEE
Director, Graduate Cybersecurity Program Assistant Director, UMBC Center for Cybersecurity
UMBC Veterans Faculty Fellow 2016-18	


> On Jan 21, 2018, at 6:50 PM, Peter Timusk <peterotimusk at gmail.com> wrote:
> 
> In my nonprofit volunteer work I would google finalist candidates for jobs. Apparently no longer allowed. Further to ‘just because it is public online’ does not mean you can make it Data.
> 
> CBC news article Canadian law
> 
> http://www.cbc.ca/beta/news/canada/newfoundland-labrador/social-media-
> hiring-public-bodies-1.4492935
> 
> 
> Peter Timusk
> peterotimusk at gmail.com
> I do not speak for my employer or charities or political parties or unions I volunteer with or belong to, unless otherwise noted.
> 
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