In May 2017, the Office of the Information and Privacy Commissioner for British Columbia updated its guidance document on Conducting Social Media Background Checks (the “Guidance”). The Guidance is intended “to help organizations and public bodies navigate social media background checks and privacy laws.” The Guidance emphasizes the fact that using social media to conduct background checks on prospective employees or volunteers or to monitor current ones can place an organization at risk of a privacy breach. Privacy risks of social media screening include collecting inaccurate, dated or irrelevant information about individuals, collecting too much information about individuals or inadvertently collecting personal information about third parties. The Guidance also cautions against over-reliance on consent, which can be revoked at any time. The Guidance advises organizations planning to use social media for background checks to conduct a privacy impact assessment of the risks associated with doing so and to have comprehensive policies, procedures and controls in place to address these risks.
Although not specifically aimed at charities and NFPs, and although it is drafted in the legislative context of British Columbia, this short document is a useful tool for charities and NFPs using social media background checks, and may provide helpful information, even if the charity or NFP is not located in British Columbia. Charities and NFPs not located in British Columbia can use this tool as a starting point to understanding the risks in using social media background checks, but should consult provincial privacy law and legal counsel in the province or territory in which they operate.