Social networking websites and employer-employee relationships

June 2, 2009

As I’ve previously discussed, Social networking websites such as MySpace and Facebook are provoking new questions about the appropriate boundaries in employee-employer relationships. This is evident in a United States Federal Court case coming to a head in New Jersey. The case pertains to the conduct of a manager who logged into a private social networking website and observed employees slandering company supervisors and customers. Those same employees were later dismissed. The case exemplifies a rapidly expanding “grey area” between an employee’s work life and personal social life. It begs the question, at what point does a “private” comment to friend made outside of the office constitute defamation, and at what point are such comments simply banter between individuals?  Of course, the answer is, it all depends on the facts. 

For an interesting discussion on the matter, check out Myrth on a Blog, a personal journal of law, technology and social media.

1 Comment | Access to Information, Blogs, Defamation, Employee Monitoring, Facebook, Internet, MySpace, Online Reputation Management, Privacy, Social Networking Websites, Technology | Tagged: , , , , , , , , , | Permalink
Posted by Brian Bowman

Technology drives need for new privacy legislation

April 20, 2009

The Lawyers Weekly (a national newspaper for the Canadian legal profession) recently approached me to publish an article for their “Focus on Information Technology” section of the newspaper.  The request gave me pause to think about the impact on Canadians’ privacy of recent technological advances such as e-mail, instant messaging, online forums, blogs and social networking websites (such as Facebook and Twitter).  Upon reflection, I concluded that these technological advances are the driving force for what I argue are increasing calls for a “third wave” of privacy laws. 

The “first wave” of privacy laws (such as the federal Privacy Act) were introduced decades ago to protect the privacy of individuals in respect of public sector government bodies. The “second wave” of privacy laws (such as PIPEDA) were introduced more recently to protect the privacy of individuals in respect of private sector businesses.  Arguably, the only missing link in this chain of privacy protection, and what could be the focus of a “third wave” of privacy laws, is protecting individuals from violations of privacy by other individuals in the non-commercial sphere.  My goal with the article was not to promote a “third wave” of privacy laws, but rather to engage Canadians in a debate about whether such laws are required. 

 

I hope you click here to read the full article! 

 

I also encourage you to share your thoughts on whether – in the era of Facebook and Twitter – the status quo is sufficient or whether a “third wave” of privacy laws are needed.

 

 

1 Comment | Blogs, Defamation, Facebook, Internet, Online Reputation Management, Privacy, Social Networking Websites, Technology | Tagged: , , , , , | Permalink
Posted by Brian Bowman

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