12 J. Marshall Rev. Intell. Prop. L. [iv] (2012-2013)
Emerging Reality of Social Media: Erosion of Individual Privacy through Cyber-Vetting and Law's Inability to Catch Up

handle is hein.journals/johnmars12 and id is 569 raw text is: THE JOHN MARSHALL
REVIEW OF INTELLECTUAL PROPERTY LAW

THE EMERGING REALITY OF SOCIAL MEDIA: EROSION OF INDIVIDUAL PRIVACY
THROUGH CYBER-VETTING AND LAW'S INABILITY TO CATCH UP
DR. SABY GHOSHRAY
ABSTRACT
The rise of social media means that data about a large number of people is available in public and
quasi-public digital locations. Employers, keen on taking advantage of this additional data to
decrease the risk associated with an offer of employment, are engaging in cyber-vetting-non-
consenting social media searches conducted by third parties or the employers themselves. To the
extent that current law applies to this practice, the regulation it provides is weak and attacks only
part of the problem. Left unchecked, cyber-vetting has the potential to fundamentally alter the
scope of prospective employees' rights. This article surveys the legal and practical implications of
cyber-vetting and suggests broad reforms focused on intelligently balancing individual rights and
legitimate employer interests.

Copyright © 2013 The John Marshall Law School
Cite as Dr. Saby Ghoshray, The Emerging Reality of Social Media: Erosion of
Individual Privacy Through Cyber-vetting and Law's Inability to Catch Up, 12 J.
MARSHALL REV. INTELL. PROP. L. 551 (2013).

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