Five People Interested in Your Facebook Profile and Wall Postings (That You Don’t Want Looking)(And Tips to Guard Your Information ▼)

In our Orwellian age of government and corporate incursion into our electronic and digital communications, privacy has become a precious commodity, if not an all-out luxury.  Over the years, many people have complained about the inadequacy of Facebook’s privacy settings and how they do not always curb others’ ability to view wall postings, including people with whom you have no desire to share information.  Here are five people who commonly seek to view your Facebook profile and the potential legal repercussions with each one.

1. Your Boss

With the prevalence of social media and other ubiquitous digital distractions, it’s understandable that employers will want to ensure the productivity of their workers.  After all, barring the “social media marketing companies,” most employers are not paying their employees to sit around and send tweets or post pictures on Facebook, at least not for personal reasons.  

However, some employers exceed the legally-acceptable boundaries of appropriate policing of their employees’ social media activity.  This includes asking their employees to reveal their passwords.  (Some bosses or managers even retaliate against their employees by firing them for posting certain content).  And you might be asking...is any of this legal?

Under California Labor Code Section 980 prohibits, a California employer is prohibited from asking a job applicant or employee to:

a) reveal his or her username or password so the employer can gain access to a personal social media account;

b) access a personal Facebook, Twitter or other social media account in the employer’s presence; or

c) reveal the contents of one’s personal social media account.  

(Note: “Social media” also includes text messages and e-mails).

However, an employer can do the following: 

ask the employee to allow the employer access to an employer-issued digital device

ask the employee to disclose personal social media if relevant to a formal investigation

send an employee “friend request”  

More prohibitions on creepy employer behavior regarding your social media...

Your employer cannot prohibit you from discussing work conditions, such as wages, hours or other terms or conditions of employment, with other employees in a confidential or non-public social media setting. For example, chatting on Facebook, sending each other messages via instant messenger, texting each other or posting on each other’s Facebook walls is protected conduct even if the content is derogatory or pejorative as regards the employer as long as it’s related to the above (work conditions). (However, except in perhaps very limited circumstances, bashing the employer’s product or services is not protected). An experienced employment lawyer can help you understand your California labor rights and get you monetary compensation if your boss has violated them.

2. Creditors

As millions of debtors have fallen behind on their credit card and other bills in the recent years, collection efforts and creditor-on-debtor lawsuits have become more and more common.  One way creditors try to obtain information about their debtors (regarding assets, ability to pay back the debt, employer information, etc.) is, obviously, social media. Collection agencies are aware of how oblivious or even reckless many people can be with their privacy and the information they share.  Social media users will often freely disseminate details about their work and personal lives. 

Be mindful that this kind of nonchalant posting of personal information will not go unnoticed by predatory creditors and collection agents.  If you have defaulted on your loans or credit cards, and you posted the name of the company you work for, don’t be surprised to receive a call at your place of work after a collection agency has figured out the identity of your employer by looking at your Facebook wall. Granted, you have the right not to receive such calls but it would still behoove you to be reasonably guarded about your private life, right?

Social media voyeurism is real. Unsolicited or unwanted viewing of your social media profile can feel like  someone is watching you in the shower.  

3. Law Enforcement 

It has never been easier for local, state and federal authorities to police the public.  On a more controversial note, the so-called National Security Agency (NSA) and other domestic spying organizations appear to have almost unfettered access to Americans’ private digital information and communications.  The bottom line is this: you are being watched. 

Police agencies across the United States have caught and continue catching people with open bench and arrest warrants and picking them up by tracking their whereabouts via social media.  Also, many social media users post braggadocio about their exploits, some of them not-so-legal.  This includes posing with drug paraphernalia, drinking alcohol (illegal if you’re a minor), posing with weapons or flashing gang signs and insignia (which can come in handy for prosecutors when they are prosecuting or trying a gang-related offense), admitting or confessing to a crime, or engaging in other ill-advised behavior.  

Under the Fifth Amendment to the US Constitution, you have the right to refrain from self-incrimination.  In this surreal era of ubiquitous police surveillance, it would be wise to exercise that right.

4. Financial Scammers

It is easier than ever for hackers and financial criminals to perpetrate identity theft, credit card fraud or other financial crimes given the easy access people unwittingly give them via Facebook, Twitter and other resources.  You can be sure predatory financial sociopaths are on the prowl for your personal information, including your full name, birthday and mother’s maiden name, all of which are available online if you post your actual full name, your real birth date and have your mother as your Facebook friend (using her maiden name).  

It is not outside the realm of possibility for burglars who have been staking your house to use your Facebook posts or Twitter feed to track your every move.  “I’m at the ball game” or “I’ll be on vacation the next two weeks” are great tip-offs for criminals who will seek to take advantage of this information to burgle your house.  

Don’t be stupid.  Be discriminating with what you choose to reveal online. 

5. Stalkers 

Cyberstalking is a criminal offense in California and carry severe criminal repercussions for people engaging in repeated, unsolicited, unwanted digital communications.  California Penal Code Section 646.9.  Related crimes include criminal threats under California Penal Code Section 422 and statutes relating to domestic violence. 

Our firm both prosecutes cyberstalkers in a civil setting (restraining order and/or civil suit for monetary damages) and defends persons who have been wrongfully accused of cyberstalking. 

Be mindful of your:

password

birthdate

employer information

privacy settings

mother’s maiden name

social security

address

These things may seem like common sense but they are often forgotten given how busy people are with their daily lives.  Taking the necessary precautions can prevent creepy stalkers and hackers, as well as nosy employers and abusively intrusive law enforcement personnel, from gaining access to your personal information through your online profile. 

The Coimbra Law Office is a full-service firm with an emphasis on Criminal Defense and Civil Litigation.  Call us at 1-855-325-5245 or visit us at CoimbraLaw.com if you have questions or would like to schedule a consultation.  Free initial consultations available.  

Disclaimer: Nothing in this article or anywhere on this blog constitutes legal advice of any kind. Pictures above are featured for illustrative purposes only and are no reflection on the person depicted whatsoever. Attorney licensed in the State of California and, therefore, accepts California cases only.