November 01, 2012

To Snoop or Not to Snoop: Privacy Rights of Applicants and Potential Employees

Edith L. Curry

Few topics are as globally misunderstood, misquoted, misapplied, and misused as privacy. In my experience lecturing auditors, accountants, and corporate counsel on how to detect, deter, and investigate corporate fraud committed by “trusted employees,” I am continually reminded how confusing privacy issues are: Whose rights are being protected, by whom and from whom, and what information is, in fact, “private”? The questions get even more complicated if the information is being sought for purposes of “identification” or “verification.” In these cases, when does the informed consent become relevant? More confusing still: How do the privacy rights of job applicants differ from those of existing employees?


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