Thursday, July 05, 2012

"Would you ..... well would you?"

Good Day Readers:

The internet is growing and morphing so rapidly digital law can barely keep pace and, we would argue, in many cases is falling woefully behind.

In Manitoba one need look no farther than the Douglas Inquiry were an Appointments Selection Committee, according to documentation tendered to date, appeared to have lacked internet savvy in spades labouring under the misconception because 2-3 years had passed without the nude photographs of  ACJ Lori Douglas appearing, it was safe to proceed with the appointment. How wrong they were!

Wouldn't it be interesting if it were possible to survey provincial Judges and Justices on their knowledge of social media. We dare say there would be a huge discrepancy.

California is on track to become one of the first states to ban employers from asking workers and job applicants for their passwords to Facebook and other social media sites. So what's the law in Canada? We don't know but suspect there isn't one. What would you do if asked that question during an employment interview or after you were hired? "Would you ..... well would you?"

If you chose not to and believed you were discriminated against by not being hired or even terminated once hired, it appears these are your options:

(1) Do nothing and quietly disappear into the darkness
(2) File a complaint with Ombudsman Manitoba
(3) Ditto The Canadian Human Rights Commission
(4) " Manitoba's Freedom of Information and Protection of Privacy Act
(5)  " The Office of the Information Commissioner of Canada
(6) Sue the prospective or de facto employer
(7) Ask the following question
CyberSmokeBlog would never, ever provide that information under penalty of death in this case being disqualified as a candidate for a position or termination upon becoming one. To do so would be tantamount to handing an employer, or their agents thereof, the key to the magical kingdom to be free to delete/alter material already posted or inflict God knows whatever other damage in the extreme taking the site down.

Rather, we would look to exercise one, some or all of options (1) through (6) above.

Clare L. Pieuk


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