As part of my community involvement I have guest lectured in a number of post secondary classes.

When I speak with young adults it always amazes me how much of an online social media presence they have, how much they are willing to put online and how little concern they seem to have about what is out there.

It begs the question of what the risk of having too much information online might be.

Can a potential employer ‘Google’ you and use what they find?

One of the questions I am often asked is whether or not a potential employer can view your online profiles, pictures and social media presence and consider that information when determining whether to offer a candidate a job.

In other words: can a potential employer ‘Google’ you and use what they find?

The short answer is that while these types of searches are tempting for an employer because they are a quick, easy and an inexpensive way to do research on potential candidates, there are a number of risks associated with using social media to screen candidates.

In a document titled “Guidelines for Social Media Background Checks,” the Office of the Information and Privacy Commissioner lists the following risks associated with this activity:

Accuracy — The risk is that the information you are collecting is outdated and no longer accurate, or was not accurate in the first place.

This is a risk to an employer because under the Personal Information Protection Act (PIPA) an organization is required to take reasonable steps to ensure that information they collect is accurate.

while it is not advisable for an employer to complete this type of research regarding potential candidates, it is sometimes difficult not to follow through with temptation.

Over-collection of Information — PIPA requires that an organization only collect the information they need.

Social media background checks can lead to the collection of far more information than what is needed to make a decision regarding a potential employment opportunity.

There is also a risk of collecting personal information about a third party — such as the subject’s friends or family on their Facebook page.

Consent — Some organizations have asked individuals to consent to a social media background check as part of their application.

The risk associated with this is that the candidate then has the ability to withdraw their consent and the organization would then have to disregard any information they have collected in this manner.

Additionally, pursuant to PIPA, an organization has an obligation to retain information for a one-year time period if the information was used in making a decision that directly affects the individual.

So, by completing a social media background check an employer must keep a record of the information they collected and how they used it for a whole year, which can be an administrative burden.

All this being said, while it is not advisable for an employer to complete this type of research regarding potential candidates, it is sometimes difficult not to follow through with temptation.

It is also often difficult to prove that an employer has used a social media background check to make an employment decision.

The career advice I always give to students is nothing that we have not heard before — that they should not post anything on social media that they would not be comfortable with their employer or potential employer seeing. 

Unfortunately, we see all too often in the media the impacts of people not heeding this type of advice.

Greg Pratch is a lawyer and partner with Pushor Mitchell LLP. He practices in the area of litigation with a particular emphasis in personal injury matters and tax disputes