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FaceBook possible words but -- -- legislation necessary that's the question judge.
Andrew Napolitano here to break it down just why we I mean really do we need -- -- Tend to say that you cannot also summons username or password well remember the person being asked -- -- -- situation typically they're an application for -- in there and applicant for employment.
So they know if they don't answer the question put to them by the person from HR -- chances of getting that job are going down.
But -- that question has not asked because the law won't allow the question to be asked -- -- -- but here is the law.
You are technically correct actually and Tracy and I won't forget your name.
That the -- law protects your privacy and does not permit your employer or your potential employer.
To ask a question like that but most people are unaware of it.
So by enacting legislation.
He basically tells everybody in HR in the entire state of California you can't ask this question today -- it is necessary.
It's it's necessary because people will try and get away with whenever they can get away with the because the think of the hoops or what you have to jump in order in order to sue.
I'm an applicant for a job they asked me for my FaceBook password I don't give it I don't get the job.
Am -- gonna -- -- and say the reason I didn't get the job is because you invaded my privacy you attempted to invade my privacy.
And I wouldn't let you -- -- have to prove that that's the very reason I didn't get the job a very difficult lawsuit to prove but unless and until someone does that.
Or the legislator legislature makes that question unlawful.
HR folks will continue to ask his or her job we'll find out as much about applicants as they can't.
And the FaceBook password is it -- -- to ensure a trove of information with these flaws still specifically with FaceBook or -- they more encompassing because -- could have other social -- what's out there in the same issue could come -- Very good question because of the law targeted FaceBook or of the law was written in such a way that it only pertain to face -- -- it would be unconstitutional.
For a variety of other reasons and so what has to pertain to all.
Not your Social Security number because they are entitled doing credit check on you yeah but the combination of your locker at the GM.
And it eighty your diary.
Colder past number that you use for anything else that you have a right to keep away from the rest of the world they can ask you about it and the statute would prohibit.
-- according to your notes but important most employee relations are.
On the state level yes yes -- -- so does that mean now we need.
All fifty states have passed something like well in eventually the states we'll differ on this and the states that are.
Have have a name for themselves for protecting civil liberties greater than others like for example New Jersey -- will be in the forefront of -- -- HR people you can't ask.
But other states that are not necessarily in that category like say South Carolina won't.
So you'll be able to ask for any -- FaceBook password in South Carolina but not a New Jersey.
I'm just using these two states is a hypothetical based upon -- -- track records.
And my personal familiarity with New Jersey neither of the -- -- -- on this and both are neutral now what you'll end up with HR departments.
That can ask questions in some states but -- and I and others unless and until there's a national standard right.
Very interesting stuff judge.