Can I Use Social Media to Check Someone’s Background? In Australia, using social media to check someone’s background without consent can open up a minefield of legal and ethical questions. At Cybertrace, with our licensing, qualifications, and combined decades of experience, we are able to tackle these considerations, saving our clients the stress of having to deal with them on their own. However, we do believe offering as much information as possible on this tricky minefield may assist employers and employees alike to navigate their rights and obligations.
One of the issues to consider when using social media to investigate people is the issue of privacy law. Privacy law in Australia regulates how personal information is allowed to be collected, used, and disclosed. Importantly, individuals bear the right to control their personal information. Without appropriate licensing, such as what Cybertrace possesses, attempting to use social media to obtain information about someone without their knowledge or consent can risk violating privacy laws. You may find yourself facing legal ramifications if you are not careful.
Avoiding Discriminatory Practices When Investigating Social Media
Along with privacy issues, there are laws in Australia prohibiting discrimination based on characteristics, including race, sex, disability, age and sexual orientation. Attempting to check someone’s background on social media can lead to biases and discrimination, in turn opening up legal and ethical implications. If employers are found to be using social media to make hiring decisions, without the consent of their candidates, this may be in violation of anti-discrimination laws.
Avoiding Defamatory Practices When Investigating Social Media
Another issue to consider when using social media to investigate individuals is defamation law. Defamation is when someone publishes or communicates something without their consent that harms a person’s reputation. Publishing harmful information about individuals obtained from social media without consent may expose one to the consequences of committing defamation. Again, our expertise at Cybertrace makes us well-prepared in navigating these tricky ethical and legal waters.
It is ultimately a good thing that under Australian law, individuals are protected when it comes to their own private and sensitive information regarding their health, finances and criminal records. When individuals attempt to gather information about someone on social media without consent, they may come across this type of sensitive information. Sharing this information that is not publicly available and can only be accessed in limited circumstances with authorisation, can result in legal consequences for the individual who has shared it.
It is important to note that it is not actually illegal to vet applicants by using social media. It is more the related legislation around it, such as the Fair Work Act and aforementioned privacy and defamation legislation that employers should be versed in.
Employers’ and Employees’ Legal Obligations Related to Social Media
When it comes to monitoring what employees post, another raft of legal and ethical issues opens up. This article on The Conversation discusses from an employee’s point of view, the importance of understanding your workplace’s social media guidelines. It also explores the potential consequences of disregarding these guidelines especially as more and more, employees’ social media activity is scrutinised in professional settings. The article also refers to employer’s legal obligations as far as providing clear and robust guidelines around social media usage and that they enforce them fairly. The employer must also ensure their policies align with laws around fair treatment along with protection of the company’s interests.
Privacy laws, discrimination laws, workplace law, defamation laws, and laws protecting personal and sensitive information all come into play when you are considering taking a look at someone’s social media accounts without their consent. While there are steps you can take to minimise the risks associated with using social media to check someone’s background, the safest bet is to engage professionals, like Cybertrace.
Cybertrace is Licensed to Investigate Social Media
What many employers find extremely helpful is that Cybertrace is licensed by the relevant responsible authority in Australia to investigate individuals and organisations without their consent. Further, and to a limited extent, we are authorised to investigate open source records which in some instances include some social media content. However, even investigators must be cautious and sensitive about what information is collected and provided to clients to comply with the regulations governing our field and the broader laws that all individuals in Australia are compelled to abide by. In this sense an investigator may use social media as one source of information, while seeking out other sources to verify the information they find online. Moreover, we are trained to use all of this intelligence sensitively, critically and tactically.
Cybertrace is versed and skilled in conducting searches and managing intelligence appropriately. Of course, there is still a significant portion of the onus on our clients to act ethically and lawfully with the information that is gathered. We always encourage people to be aware of their responsibilities in this sense.
Engaging Cybertrace will reduce your potential personal liability as well as deeply enrich the actionable intelligence we place in your hands. Please use it ethically and wisely!
This post was revised on 11 November 2024 for improved readability and accuracy.
