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Youth Crime Commissioner Paris Brown Resigns over Social Media Posts

When Facebook was launched in 2004, my belief was that as a business model it wouldn’t work. People were simply too private to expose their idle rhetoric to what potentially could be an expanse of audience out of their remit and ultimately controlled by a company skilled in capturing data for future reference and profit. I was wholly wrong. It took off like a bowl of sugar in a candy floss machine.

Now enter Paris Brown....the capital colour has not only reprieved me in the interim but more disastrously possibly sounded the death knoll for social media, particularly for the youth of today, who have grown up with social media and don’ t know how to live without it.
Imagine the scene in homes across the UK this week: kids with qualifications which could drown them in a shallow bath have now to face the imminent prospect of an unguarded aside destroying their future prospects of a job.

In Brown’s words: “I have fallen into the trap of behaving with bravado on social networking sites. I hope this may stand as a learning experience for many other young people... I should stand down as I feel that the recent media furore will continue and hamper my ability to perform the job to the level required.”
Critics stated that Brown’s comments were racist, homophobic and condoned violence and drug-taking. Police are investigating her comments with a view to criminal prosecution. ...exit Paris Brown and enter the uncertain worry enveloping the masses of unemployed and, indeed, those currently in post.

Research shows over half of employers actively search your ‘net rep’ when considering you for a position. ‘Net rep’ equates to your reputation gained through postings on social media sites. Research also suggests that only 15% of jobseekers wrongly believe that employers actively engage in this activity.
There are a number of risks for employers searching ‘net rep’ for recruitment: The most obvious one being potential claims for discrimination. Those involved in recruitment have become aware of the neutral context of cvs: they don’t even contain a date of birth any more. Certainly not nationality, marital status, sexual orientation, etc, because if any of these factors affect the decision to recruit, then the employer could potentially face claims for discrimination.

If employers are going to search a candidate’s ‘net rep,’ they must do it with the use of protections such as informing candidates that there ‘net rep’ is to be considered and also giving them time, so they can re-adjust their privacy settings. Employers must set very clear boundaries as to what they are searching for and what they consider to be relevant for that role and then make a divide between the person who makes the Google net rep search and the person making the decision to hire.

Under Data Protection Act, you don’t necessarily need the consent of the candidate. However, I recommend employers do get explicit and informed consent from the candidate as it offers employer protection and gives them an opportunity to demonstrate a fair and proportionate means of processing that data under the act.
Christina Reed, Head of Employment Law