The Maryland Department of Public Safety and Correction Services announced on February 22 that it is suspending its a policy of asking potential employees to reveal their social media site user credentials during the application process. Through a spokesperson, the Department stated that its reason for asking for this information was to screen applicants for gang affiliation. "There is no doubt that the Department can claim a legitimate interest in screening its potential employees for gang affiliation, but a social media policy that asks for applicants' credentials is not a good way to pursue that interest," says Andrew Martin, a technology and new media attorney with Scott & Scott, LLP. "No matter the intentions, a social media policy that is overbroad or overreaching can get employers into trouble-as was evidenced recently in well publicized Facebook firing law suit. Companies cannot ignore social media use in the workplace, but they should consult with experienced counsel when addressing it in a policy for all to see." For more information, please contact Mr. Martin at 800-596-6176 or amartin@scottandscottllp.com.
About the author
Andrew Martin:
As an associate attorney with extensive prior experience advising information technology start-ups, Andrew’s practice focuses on finding solutions for his clients’ intellectual property issues. Due to his extensive experience in the software and technology industries, Andrew understands both the practical and legal issues involved in IP licensing agreements and disputes. In addition to licensing, Andrew helps his clients find new ways to use existing technologies to assist his clients in areas such as data privacy compliance. Andrew uses his diverse background which includes founding a record label and working for a world-wide concert promoter when counseling the firm’s entertainment clients.
Get in touch: amartin@scottandscottllp.com | 800.596.6176