Social media and the law 18.04.12
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This document summarizes key topics discussed at an Irish HR meeting on social media and employment law issues. It outlines social media usage statistics and notes that social media remains a top concern for employers. Several legal issues are discussed, including defamation liability, data protection, and intellectual property. Employment law hot topics focus on issues like ownership of social media contacts, asking for passwords during interviews, expressing interest in new opportunities, and blocking access to accounts at work. The document advises employers to review email and internet policies and implement social media policies with training. Future challenges are also noted.
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6102015 1 McGraw-Hill-Ryerson ©2015 The McGraw-Hill .docx
6/10/2015
1
McGraw-Hill-Ryerson ©2015 The McGraw-Hill Companies, All Rights Reserved
Opening Case:
The Privacy Commissioner
of Canada’s Work
10-2 Copyright © 2015 McGraw-Hill Ryerson Limited
Chapter Ten Overview
• SECTION 10.1 – INFORMATION ETHICS AND PRIVACY
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10-3 Copyright © 2015 McGraw-Hill Ryerson Limited
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McGraw-Hill-Ryerson ©2015 The McGraw-Hill Companies, All Rights Reserved
INFORMATION
ETHICS AND
PRIVACY
10-5 Copyright © 2015 McGraw-Hill Ryerson Limited
Learning
Outcome • Ethics
– The principles and standards that guide our
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– Privacy is the right to be left alone when
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messages and information are available only
to those who are authorized to view them
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10.1
Learning
Outcome
Copyright © 2015 McGraw-Hill Ryerson Limited 10-6
Technology-Related Ethical Issues & Concepts
Figure 10.1
10.1
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Counterfeit Software Software that is manufactured to look like
the real thing and sold as such
6/10/2015
3
Learning
Outcome
Copyright © 2015 McGraw-Hill Ryerson Limited 10-7
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10.1
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6102015 1 McGraw-Hill-Ryerson ©2015 The McGraw-Hill .docx
6/10/2015
1
McGraw-Hill-Ryerson ©2015 The McGraw-Hill Companies, All Rights Reserved
Opening Case:
The Privacy Commissioner
of Canada’s Work
10-2 Copyright © 2015 McGraw-Hill Ryerson Limited
Chapter Ten Overview
• SECTION 10.1 – INFORMATION ETHICS AND PRIVACY
– Introduction
– Information Ethics
– Information Privacy
– Developing Information Management Policies
• SECTION 10.2 – INFORMATION SECURITY
– Introduction
– Protecting Information
– Protecting Data
– People: The First Line of Defence
– The Second Line of Defence: Technology
10-3 Copyright © 2015 McGraw-Hill Ryerson Limited
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1. Explain what information ethics is and its importance in the
workplace.
2. Describe what information privacy is and the differences in
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and privacy policies in the workplace.
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5. Describe how information technologies can be used to
enhance information security.
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McGraw-Hill-Ryerson ©2015 The McGraw-Hill Companies, All Rights Reserved
INFORMATION
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10-5 Copyright © 2015 McGraw-Hill Ryerson Limited
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– The principles and standards that guide our
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– Privacy is the right to be left alone when
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observed without your consent
– Confidentiality is the assurance that
messages and information are available only
to those who are authorized to view them
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10.1
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Copyright © 2015 McGraw-Hill Ryerson Limited 10-6
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Figure 10.1
10.1
Intellectual Property Intangible creative work that is embodied in
physical form
Copyright The legal protection afforded an expression
of an idea, such as a song, video game, and
some types of proprietary documents
Fair Dealing The principle by which, in certain situations,
it is legal to use copyrighted material
Pirated Software Copyrighted software that is used,
duplicated, or sold without authorization by
the copyright holder
Counterfeit Software Software that is manufactured to look like
the real thing and sold as such
6/10/2015
3
Learning
Outcome
Copyright © 2015 McGraw-Hill Ryerson Limited 10-7
Trust Supports Business
1. There is a loss of personal privacy.
2. Internet users are more inclined to purchase a product on a website
that has a privacy policy.
3. Effective privacy would convert more Internet users to Internet
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Social media and the law 18.04.12
- 1. Irish HR Meeting Wednesday 18th April 2012 Deloitte
- 2. Social Media Snapshot 2012 Irish Internet Association (State of the Net – Quarterly Bulletin – Spring 2012) Sunday Business Post 8th April 2012 IRN Conference 2012 – remains top concern for employers 1 billion tweets posted per week 242 million apps downloaded Christmas Day 2011 In 2011 YouTube had more than 1 trillion views Social Media and the news – PR Issues going Viral!
- 3. Legal Issues Social Media largely untested in Irish legal system Defamation - Who is liable? Consumer Protection Issues - CPA 07 – EU Developments Intellectual Property Issues – Patents/Copyright/Trademark Data Protection and Privacy Issues – The Facebook Audit Employment Law and Hot Topics
- 4. Employment Law Hot Topics Ownership Issues - Who “owns” LinkedIn Contacts and Groups? PenWell Publishing (UK) Limited v Ornstein & Others [2007] IRLR 700 Hayes Specialist Recruitment (Holdings) Limited and anor v Ions and anor [2008] All ER 216 Recruitment Issues – Can an employee be asked for their Social Media Passwords at Interview?
- 5. Employment Law Hot Topics Is an employee free to upload CV to LinkedIn or express an interest in new “opportunities”? - Flexman v BG Group Plc – Constructive Dismissal Company blogs – How to handle liability issues which arise Is blocking access to twitter and facebook private accounts at work an infringement of employees rights?
- 6. Attitude of Irish Courts/Tribunals Emma Kiernan v A wear Limited [UD 643/2007] Walker v Bausch & Lomb [2008] Aoife O’Mahony v PJF Insurances Limited [UD 933/2010] Attitude of Courts in other Jurisdictions
- 7. What Employers Must Do Now!! Review Email and Internet Policies –Incorporate Social Media Policy or Draft Social Media Policy now!! What should a Social Media Policy cover? Training and Awareness are Key!!
- 8. Future Challenges Embrace Social Media but be vigilant! – Reputational Risk Scope of Workplace becoming broader Developing Law in relation to ownership and privacy issues Social Media and Schools Litigation – Service of Proceedings via social media