Spotsylvania Sheriff Suspends Facebook Inspections

Citing two U.S. Senators' request for an investigation of whether it is legal to obtain access to private social network accounts as a condition of employment, the Spotsylvania Sheriff's Office is suspending the practice.

Spotsylvania Sheriff's Office spokesman Mike Harvey provided the following statement:

"Background investigations for law enforcement personnel have always been much more intense and thorough than most background screenings done in the private sector for potential employees; and even though the Federal Trade Commission (FTC) has declared it permissible for independent background screeners to search online and social media resources for background information, the recent request by members of the United States Senate for an investigation by the U.S. Equal Employment Opportunity Commission (EEOC) and U.S. Department of Justice (DOJ) into whether or not it is legal or Constitutional for any employer, law enforcement or otherwise, to access applicant Facebook accounts, the Spotsylvania County Sheriff's Office is suspending the practice of requesting applicants to allow screeners to view Facebook and other social media site indefinitely, effective immediately."

. Harvey had said earlier that detectives check social networks of prospective employees to check for derogatory statements. The sheriff's office was asking potential employees to "friend" background investigators who would look for red flags in their accounts. Harvey had said that in the past, investigators would talk with friends and neighbors to gather information on the prospective employees, but social media sites seemed to contain more interaction. 

Virginia State Police followed a similar practice and it is not yet known if it, too, plans to suspend the social network reviews.

Facebook released a statement on March 23 that stated employers who require prospective employees to provide access to their private accounts could result in discrimination lawsuits. All types of employers, not just law enforcement, have been using social networks to gain information on prospective employees. Both Twitter and Facebook allow the user to block their information from those who are not on their "friend" or "follow" list, which prompted some employers to ask for access to the accounts.

Sen. Charles Schumer, D-NY, and Sen. Richard Blumenthal, D-Conn., asked for the investigation to determine if these practices violate the Computer Fraud and Abuse Act. They also asked the EEOC if these practices could be used to discriminate against qualified prospective employees. Critics argued that the practices were no different from asking people to see their diaries as a condition of employment.

"The Spotsylvania County Sheriff's Office will reassess the use of Facebook in employee background screenings after the EEOC, DOJ and Congress have reviewed this matter," Harvey said.