Can you check someone’s social media pages for work purposes?
The viewing, checking, or accessing of an individual social network site by Local Authority officers is a potentially sensitive subject. However, where there is an identified genuine business need to do so the checking of sites is perfectly acceptable and legal.
What can you do / what can’t you do
Generally the Surveillance Commission advice is
- Yes – If you are looking in order to see if something is there – this is open source checks and does not require formal authorisation
- No – If you are watching the space and making repeated views of the same page, and collating information about what they are doing over a period of time – this is called directed surveillance and will require formal authorisation (known as RIPA authorisation) but you can continue.
Therefore, repeated access, without authorisation is not permitted, as may be deemed as surveillance and breach of the subject’s human rights
Tips
When conducting social media checks, you must be cautious to avoid being viewed as overly intrusive, infringing of individual’s privacy, or acting illegally. Therefore it is recommended that officers follow some simple tips to ensure compliance.
- Do not make repeated views of an individual’s social network site
- Do not send friends request
- Do not use access for personal reasons
- Do not access unless genuine business need
- Do store all information obtained securely
- Do record your justification for checking
If you intend to carry out an investigative activity that could be viewed as covert surveillance, please obtain advice and guidance immediately. Further information, access to guidance and template application forms regarding RIPA, can be viewed on the Council’s ‘RIPA and Surveillance’ page.
This update is issued by the Council’s Fraud and Investigation Team. If you require any advice or guidance in relation to fraud and corruption, please see the Fraud team page, or email us directly at investigations@molevalley.gov.uk. You can make fraud allegations online.
Your information will be treated in the strictest confidence and can be given anonymously.