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Social Media, Privacy, and the
Legal Implications
Robert Holland
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Who am I?
Employment Partner,
Balfour+Manson LLP, Edinburgh &
Aberdeen

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• Privacy & Protection by the Law – the
big issue
• Effects both Students entering
employment and Employers recruiting

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When Social Media and Privacy
collide it can be catastrophic…..

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This could be your student

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In recruitment, privacy issues can
cause just as many problems……

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Privacy Law
What does the Law offer as
protection for Social Media users?

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Privacy Law
• European Convention on Human Rights/Human
Rights Act 1998
• Data Protection Act 1998
• Regulation of Investigatory Powers Act 2000

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Privacy: ECHR/Human Rights
Act
• Articles 8 & 10
• The right to freedom of expression…and
its limitations
• Some examples

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SNS Case Examples
• Gosden v Lifeline Project Limited
• Preece v JD Weatherspoons plc
• Taylor v Somerfield

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Data Protection – recruiters beware!
• DPA 1998 applies to “personal data”
• Employers need to respect the
requirements of the DPA 1998 in respect
of current and former job applicants and
employees.
• Is information posted on SNS caught by the
Act?
• RIPA 2000

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Recruitment
• Whilst the law sets boundaries for
employers, it does not prevent them from
conducting background checks on job
applicants using social networking sites.
• What does that mean for
employers and your
students?

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Recruitment and Employment Law
• The Equality Act 2010 prohibits
discrimination against job applicants
because of age, disability, gender
reassignment, marriage, civil partnership,
pregnancy, maternity, race, religion or
belief, sex and sexual orientation (“the
protected characteristics”).

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Discrimination Law & its impact on
recruitment
• Background checking – problems!
• Check policy of employer on background
checks
• www.equalityhumanrights.com (Chapter
16)

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Legal claims before & during
employment
• Employment tribunal claims/large compensation
• Breach of confidentiality/data protection laws
• Breach of Copyright
• Defamation
• Criminal threats/behaviour

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Tips for your students: Part 1
Know your SNS profile
• 43% of managers who use SNS to recruit
have turned down candidates as a result of
information uncovered online
• Interestingly, 19% have offered job based
on a SNS profile
• Google your profile and find out what your
image says about you.

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• Password protection
• Nevada Law
• Keep your Social Media contacts from your
employer
Tips for your students: Part 2
Know your rights

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Any questions
or
Lunch?!