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ARTICLE · 20 AUGUST 2019

The Hidden Risks Associated With Social Media Background Checks

Miller Thomson
Miller Thomson
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Miller Thomson

Miller Thomson LLP ("Miller Thomson") is a national business law firm with approximately 500...

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In the digital age, an individual's personal information is often only a few keystrokes away. The prolific use of social media platforms, including Facebook, Twitter, Instagram, YouTube, LinkedIn

CanadaMedia, Telecoms, IT, Entertainment

In the digital age, an individual's personal information is often only a few keystrokes away. The prolific use of social media platforms, including Facebook, Twitter, Instagram, YouTube, LinkedIn, and Reddit, offer an abundance of personal details. While employers might value the ability to learn more about prospective candidates from their social media presences, there are distinct risks associated with employers conducting social media background checks.

Privacy legislation in Canada prohibits employers from collecting personal information from employees without their informed consent. Although there are slight differences between federal and provincial law, several jurisdictions, including Alberta, British Columbia, Quebec, and New Brunswick, place some restrictions on the ability of employers to collect and use information of prospective candidates, including that:

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