A long-time reader of this blog and a fellow St.Louisan Nancy P. offered this brilliant suggestion as to how one should respond to (potential) employers’ requests that one give them one’s Facebook password:
I will consider your request when you have gathered original copies of privacy releases from the “friends” and from any others who may have been seen in a photo on my private Facebook page. I also require you to obtain from Facebook’s general counsel a specifically worded consent for you to access my private Facebook page via password. The action of giving a password to some person other than the registered user is considered a violation of terms of service, and may be illegal. Furthermore, I suspect that you would like to prevent your company from being banned or sued by Facebook. Lawyers in most civil suits take a scattershot method of naming defendents, and any sloppiness on your part in obtaining all consents from “friends” and any people present in photos on the private site may expose you to lawsuits from these individuals, and possibly lawsuits by Facebook corporate defendant in any countersuit. Needless to say, I would be a target of all lawsuits as well, but generally plaintiffs’ lawyers pursue corporate deep pockets, and individuals with relatively few assets are assigned minimal responsibility.
Brava Nancy P.!
Clarissa's Blog 
Facebook has already stepped in to disallow this practice. They say it could open the employer up to unexpected legal liabilities.
That statement also assists the potential employee who could respond to any requests for passwords as in: “Sure! But if anything changes on my Facebook due to your access, I’ll be in touch with my lawyer.”
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How can Facebook disallow it?
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Facebook is increasingly used as a way of “viral” marketing, and any company that produces or sells goods or services to the public would be well advised to comply with Facebook terms of service. Facebook merely has to shut down the company’s marketing page for violation of TOS. Facebook could also investigate and shut down “Astro-Turf” sites held by company personnel and purporting to be consumer-run.
Really, the most important thing is to spout legalese and “Standard Operating Procedure” with a straight face! No anger, no glee – just impersonate the fictional Dull Accountant.
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“Really, the most important thing is to spout legalese and “Standard Operating Procedure” with a straight face! No anger, no glee – just impersonate the fictional Dull Accountant.”
– Exactly. That’s the best approach to this kind of bullies.
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http://mashable.com/2012/03/23/facebook-responds-employers-passwords/
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Brilliant. Thanks for posting this, Clarissa, and thanks for the info, Nancy P. and Musteryou!
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I might would throw in something about asking for the password to any company related Facebook pages and Facebook pages of all employees and associates of the company in question. Because the potential employee is probably just as concerned about getting hired by a company that has done questionable activity too right?
(In short, “I’ll show you mine if you show me yours.”)
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Good point!
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