With the recent exponential rise in social media, nearly everyone has an online presence – namely, a Facebook account. Though the reach of virtual networking affects anyone with a profile, a demographic which may be feeling the most negative effects is that of the prospective working class. People searching for jobs naturally have to go through a process in which they are evaluated for the position. This usually includes a job interview – a meeting where Facebook has been steadily increasing its presence. Lately, in the news, there has been a rise in reports of a potential employer asking job seekers for their Facebook login information. This obviously is morally questionable, but it’s the legal implications that are intriguing.

Section three point five of Facebook’s terms of service explicitly states that all users “will not solicit login information or access an account belonging to someone else.” Clearly, a job interviewer inquiring about an interviewee’s Facebook security information is a violation of this online document – but there are no evident legal implications. One would then go on to presume that there should be certain consequences for a blatant invasion of a person’s privacy – after all, employers are not allowed to ask about national origin, age, marital status, race, or religion. All this information is easily accessible via Facebook once your privacy filters are bypassed. In regards to the aforementioned penalties for violating a site’s terms of service, the Department of Justice considers it to be a federal crime. However, according to a recent congressional hearing, the department also said that such violations would go unpunished. A curious scenario, where a crime is not associated with penalizations…

One state has brought it upon them to address this issue. In Illinois, a so-called “Facebook Law” was passed that made it illegal for employers to ask potential employees for their Facebook login information. The primary reason for the passing of the law was, as Governor Pat Quinn stated, “important that privacy law kept pace with technology.” This issue would not have been as controversial ten years ago, when such a situation would not even be possible. Nowadays, handing over the information in question is on par with giving someone your house keys.

Nevertheless, employers will likely find out as much as they can through alternative means. Your Facebook profile still has a public viewing setting, and according to a recent study by the Illinois Institute of Technology, about 75% of employers require their human resources department to research a prospective employee’s profile before offering them a job. Additionally, a third of employers have turned down applications based on information found via social media.

This behavior suggests a potential decision resulting from discrimination. Whatever the case, I would advise anyone with a Facebook profile to review their privacy settings – not only in defense from online predators, but even to protect one’s professional reputation.