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ARTICLE · 24 FEBRUARY 2012

Who owns an employee's Twitter account?

With the rise of online social media, the divide between what is or isn't owned by an employer has become blurred.

AustraliaEmployment and HR

Employers have long been recognised as the owners of client and customer databases developed by employees in the course of employment. But with online social media forums rising to the fore, the divide between what is or isn't owned by an employer has become increasingly blurry.

Currently in the US, an employer is pursuing a former employee based on his continued use of a Twitter account post-employment. The employer is an "interactive mobile news and reviews web resource" whose services include reviewing mobile products and services. The employer used a variety of social media, including Twitter, to market and promote its services.

The employee's duties included providing product reviews which were transmitted via a variety of mediums including a Twitter account. The employee was given the password to access the Twitter account to disseminate information and promote the employer's services. After resigning, despite being asked to relinquish the account to the

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