ZUBUCHON


Disclaimer:  The views and opinions expressed herein are the author's own and purely intended for academic discussion only and in compliance with the requirements of the requirements of the course in Technology and the Law.  Reproduction or use as reference material of the whole or any part of the contents herein are unauthorized and strictly prohibited.  The author will not be liable for said unauthorized reproduction or use as reference.






Should social media and internet tools be made essential in the acceptance of an applicant? Can companies and/or institutions use internet search tools and access to social media accounts in determining the most suitable candidate?


Social media accounts can be legally treated as property.  Social media accounts like facebook, twitter and my space allow for the protection of privacy by providing passwords and/or customizing accounts on who can search , or see posts. These social media accounts are being used as a source of communication and expressing the account owner’s own views and thoughts.


The issue at hand is quite complicated considering that there is no jurisprudence on the said subject matter, or a law that we could look into.  Social media and internet tools are also relatively new breakthroughs.  However, we can refer to our Bill of Rights for some enlightenment on the issue. Under Section 3 (1) the privacy of communication and correspondence shall be inviolable except upon lawful order of the court, or when public safety or order requires otherwise, as prescribed by law. Under our Constitution, the right to privacy is a fundamental right granted to Filipino citizens under our constitutional democracy.


Answering the question at hand requires a balancing of the person’s right to privacy which is enshrined in the Bill of Rights and the employer’s right to protect his business interests.  While the former is enshrined as a fundamental right entitled to utmost protection, the latter is not.  Easily, the answer is that a person’s right to privacy is entitled to greater protection under our laws.


We must note that employers are not lacking in methods and opportunities in determining the fitness and qualifications of an application.  Companies   employ different methods on screening if a certain applicant is qualified for the job. The basic steps that the company applies  are to require the applicants to submit their resumes police and former employment clearances and their character references, and to conduct  interviews with the applicants and their references. Nowadays, the companies in the Philippines conduct their interviews online, an alternative and more convenient way for the company to accommodate more applicants.  

The company has all the means to know if the applicant is fit for the said position. The company may  ask the applicant to take psychological and aptitude exams  prepared by the company aside from passing its credentials and resume. The company may conduct a panel interview to test the skills of the applicant. The company may stress some rules or guidelines that an applicant must follow.


All told, inquiring into a person’s social media account may not even be necessary considering all the present tools that a company has in order to determine the fitness and qualification of its applicants.  More importantly, there does not seem to be any underlying public interest in order to justify a broad and all encompassing law which allows employers to look into a person’s social media account and infringe into one’s right to privacy.


Our government is a government of laws founded on morals.  Laws are not placed on the same plane.  There are certain fundamental rights, in this case, the right to privacy, which takes precedence over business interests.  Thus, the government is duty bound to respect greater rights over others in the enactment and implementation of laws.