Legal Privacy Rights on Social Media with Attorney James DeSimone

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In a rapidly evolving digital landscape, personal privacy boundaries in social media have become increasingly complex.

Attorney James DeSimone, renowned for his civil and constitutional rights expertise, offers a comprehensive exploration of the legal intricacies surrounding social media privacy rights.

Whether you’re an employee, employer, public relations agency professional, or an individual concerned about your digital privacy, this podcast sheds light on essential legal considerations.

The Context: Current Relevance of Digital Privacy

The podcast begins by highlighting the contemporary relevance of personal privacy and wired communications. Focusing on the leaked NSA PRISM surveillance program, the conversation sets the stage for a discussion on safeguarding digital privacy rights.

Constitutional Framework: The 4th and 14th Amendments

DeSimone delves into the constitutional framework, emphasizing the protection afforded by the 4th Amendment against “unreasonable search and seizure” and the 14th Amendment’s interpretation, which grants individuals the “right to be left alone.” These constitutional underpinnings form the backdrop for understanding how these rights apply to employees and employers in the digital age.

Key Discussion Points: Exploring Social Media Privacy Rights

The podcast covers an array of critical discussion points, offering nuanced insights into social media privacy rights:

1. Employee Personal Privacy Rights: DeSimone elucidates how US employee personal privacy rights apply to social media communications, shedding light on the legal landscape governing these interactions.
2. State Laws and Password Protection: Learn about state laws prohibiting employers from demanding social networking passwords from employees, and how these laws vary across states.
3. Pre-Employment Screening: Delve into the legal issues surrounding the use of social media background checks in pre-employment recruiting and hiring.
4. Fair Credit and Reporting Act: Understand the intersections of privacy rights, equal employment opportunity rights, and the Fair Credit and Reporting Act.
5. Off-Duty Social Media Use: Explore the question of whether employees have the right to privacy on social media during their off-duty hours.
6. Social Media Policies: Gain insights into the use of social media policies as tools for managing employees’ expectations and responsibilities.
7. Challenges in Identity Segregation: Discover the challenges associated with segregating personal and professional identities on social media, particularly with new services like the LinkedIn Contact iPhone App.
8. Monitoring at the Workplace: Delve into the legal aspects of employers monitoring their employees’ social media use at work, including the controversial practice of shoulder-surfing.
9. Noel Canning vs. NLRB Case: Understand the implications of the Noel Canning vs. NLRB case and its potential impact on employees’ rights to bargain collectively and organize on social media.
10. Facebook Privacy Settings: Learn how your Facebook privacy settings can influence whether employers or litigators can access your profile for verification or background checks.
11. Ownership of Content and Connections: Explore the question of content and connection ownership after an employee leaves a company, along with the importance of clearly defining the scope of employment-related content.
12. Withholding Login Credentials: Understand the legality of an employee withholding login credentials to a company-branded account after termination, citing notable legal cases.
13. Privacy on Mobile Devices: In light of emerging technologies like Google Glass and wearable devices, delve into the rights of US employees concerning information accessed or created on mobile devices.
14. Company-Owned vs. Employee-Owned Devices: Examine the disparities in privacy protections between company-owned and employee-owned mobile devices, including the impact of web access via company wireless signals and cell phone expense reimbursements.
15. Google Glass and Workplace Privacy: Consider the potential challenges and privacy invasions that may arise in the workplace with the advent of Google Glass and similar wearable technologies.

Conclusion: Safeguarding Your Digital Footprint

In an era where digital privacy is paramount, this podcast is a valuable resource for individuals seeking to navigate the complex landscape of social media privacy rights.

James DeSimone’s extensive legal expertise clarifies the rights and responsibilities of both employees and employers, ensuring that your digital footprint remains protected.

Photo by Glen Carrie on Unsplash