Government workers, especially in law enforcement, are being asked to turn over their Facebook login information so that prospective employers can check for inappropriate photos, relationships or behavior. According to news reports, the Norman, Okla., Police Department asks recruits, as part of its six-month hiring process, to provide the department with login details. The department examines Facebook friends and wall posts on Facebook and other social networking sites to delve into recruits’ past.

Paul Rubell, a social media attorney and partner in the Mineola, N.Y.-based Meltzer Lippe law firm, says that public employers may be slipping into a legal quagmire if they request recruits to provide social media login/password data. The issues, he says, may include first amendment and privacy concerns, exposure to civil liability, violating protected classes during the hiring process, and violating the Stored Communications Act.

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