Over the past week, I have been bombarded with questions regarding the HR responsibility and the legalities behind the “Social Media Background Check”. I have posted the following article which, not only contains the regulations of conducting such a check but information about the top company preforming these checks along with a pdf of one of these background checks completed for your review. Take a look at the information available and the legalities behind such screenings. When I bring in new employees, I do a surface screening and it proves to benefit my clients. Is adding this screening to your hiring process advantageous?

On May 9, 2011, the Federal Trade Commission approved the Social Intelligence Corporation as a consumer reporting agency in compliance with the Fair Credit Reporting Act. The commission noted that Social Intelligence can now issue legal background checks “because it assembles or evaluates consumer report information that is furnished to third parties that use such information as a factor in establishing a consumer’s eligibility for employment.”

As part of the approval, the FTC required that Social Intelligence ensure maximum accuracy of social media information collected — and that the company is under “obligation to provide employees or applicants with notice of any adverse action taken on the basis of these reports.” While the FTC found that no further action was required, the commission said it might evaluate Social Intelligence’s operations in the future if public objections are raised.

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