Disclaimer: This is a work of a law student. This blog is created in compliance with the requirements set forth in the subject Technology and the Law. It shall not be use in any manner other than for classroom purposes only.
In the midst of the global financial crisis, businesses today come up with effective strategies to cope up with the increasing demand of manpower without sacrificing "big investments". The dawn of human resources is the "wake up" call for many companies to realize the worth of people in keeping the business alive and expanding its influence globally. That is why businesses today are very careful in selecting its own people. Today, the battle for human resources starts in the basics of hiring.
In the United States, businesses are very keen in selecting their employees. People are trained to hire only "qualified individuals" to ensure productivity that would make their business last a lifetime. Hiring plays a significant role in deciding the "faith" of these companies. With the advent of technology today, social networking media became a powerful tool in helping these companies in finding qualified individuals. Perhaps the biggest contribution of these social networks is the availability of information to the public. Facebook and Twitter provides general information about their clients upon joining. The public in return use that information to gather knowledge about particular individuals. Businesses use that information to find potential clients, business partners and even hire online qualified people to work with them. The issue of privacy comes into picture because of the easy access of information given by these social networking sites.
Social networking sites became available to the public in the early 2000's. The Philippines quicky fell "victim" to this "monstrocity" as more and more Filipinos joined and created thier individual accounts. It form this so called "internet community" where everyone is connected regardless of sex, age, religion, status etc. The power to connect became the ultimate key of these social networking sites in attracting people around the world. Soon businesses realize its importance in expanding their influence. They use it in promoting their products and services to the public as well as finding potential clients to work with them. Local businesses took advantage the free flow of information in "filling up thier needs". The question of business ethics puts most companies into a dillemma. The showdown between ethics and productivity reshape businesses on what they are today.
The Philippines is a country where privacy is one of the most respected rights. Enshrined in the constitution is the right of every Filipinos to enjoy his privacy without any interference of any sort. Article 26 of the New Civil Code state that "Every person shall respect the dignity, personality, privacy and peace of mind of his neighbors and other persons" In a country like ours, "online screening" may not be a good idea after all. Hiring people online on account of his information posted on these social networking sites constitute violation of privacy. Businesses cannot just require individuals to put their information as "many as they like" for that person is guaranteed to his privacy. So does this mean that businesses, and even public corporations, cannot use that information posted online?
It still can. The concept of police power has been given emphasis for many years. Police power has been defined as the "state authority to enact legislation that may interfere with personal liberty or property in order to promote general welfare" (Sangalang vs. Intermediate Appellate Court, GR No. 71169). Police power regulates property and personal liberty of the people if general welfare requires. Rights expressed in the Constitution are restricted once police power is exercised. Therefore, even privacy that is one most respected rights becomes subordinate to this inherent power. Because general welfare demands so, information posted online may be used by the State to protect its interest through public and private corporations. In the case of public corporations, having its purpose to fully serve the public, they need to be more cautious on whoever they will hire to be part of the government service. Furthermore, these potential public officers will be handling delicate positions that if an unqualified person will be selected, not only the services to the public may be prejudiced but worse, the security of the country. On the other hand, the Constitution likewise guarantees the protection of property of these private corporations/companies. These entities are recognized as partners of the States for the progress of national economy. Finally, the State recognizes labor as its primary social economic workforce (Art II, Section 18). Through effective and efficient services of public and private corporations, the economy is strengthened. This relationship is what drives the State to enact policies in maximizing the power of human resources.
Online hiring may not be a bad idea after all. It is a management prerogative to hire and select people based on their qualifications. Public and private corporations may use pieces of information deemed necessary to ensure service efficiency and business productivity. The power of people is so great that many entities want to select individuals that has all the capabilities to help these public and private corporations prosper. In the end, online social networking sites may be the "savior" of most public and private corporations in finding potential employees.
Great points on the rationale of the hiring selection process that is very competitive. Also, great job bringing up information gathering via social networks. That's been a major factor in market behavior and advertising since Facebook going mainstream.
TumugonBurahinWouldn’t it be a viable course of action to, in the alternative, implement in the management side a social media policy that addresses both the company's interest as well as the privacy issue of the employees? Monitoring imho strikes a better balance between the employee and the management side instead of making it a requirement altogether.
In Catherine Amen’s blog, she touches on the issue of a management prerogative and says that such a requirement has limitations and should be concerned only on work related matters. Things like "how you looked like in your DP in Facebook, how you managed to comment back, how you posted statuses, tweeted, or how you write on your blog are just some of the things that remained to be your private matters. "
Perhaps only certain positions such as very confidential ones may require stricter requirements as you mentioned. See my comment in Carl Jason Rama’s blog. (http://carljasonrama69.blogspot.com/2012/05/disclaimer-views-and-opinions-expressed_25.html)
Amen, Catherine. (2012) Click or quit? Retrieved 26 May 2012
That's a great alternative Brod Jon. But since that's not yet available, I think both private and public corporations can use what is available to determine the character of their potential employees and that includes the social network activities of these people.
TumugonBurahinI agree that corporations should apply these online screenings to ensure the protection of the corporations. Ensuring the protection of the corpoorations would help progress the country which would be beneficial for the general welfare.
TumugonBurahinOn what you have quoted on Ms. Catherina Amen's blog, I think those posts somehow show your character and that character is an essential basis on hiring an employee. Therefore, although his/her social network activities may not be work related, it is still important to determine one's character and his fitness for the position.
TumugonBurahinWell said!
TumugonBurahinI may agree on you with what you have written but wouldn't using these information be illegal and be discriminatory to the applicant? Wouldn't it be better if the human resource personnel or the manager would assess the client base on its interview and skills that one possess and not based on social media profiles?
TumugonBurahin"With social media, employers may have loads more information about a potential job candidate before making a hiring decision. Bosses may learn details about an applicant’s personal life, including religion, disability, or national origin for example. Those handling hiring decisions must remember that this information can’t be a basis for discrimination, no matter how it was obtained. By using social media as a way to screen candidates, employers open themselves up to the risk of using it illegally." http://www.fastcase.com/social-media-discrimination/
Thanks for the comment Ms. Chua. I don't think it's illegal because the State likewise guarantees the protection of property of these private corporations. In the case of public corporations, they have to be more cautious since public welfare is at stake.
TumugonBurahinI don't think there is discrimination. It is just knowing the character of the potential employees that may not be reflected in his/her resume, curriculum vitae or interview.
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TumugonBurahin