For the London Free Press – September 8, 2008
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A U.K. court recently ordered an ex-employee of a recruitment firm to disclose details of his profile, business contacts and e-mails at his social networking site, LinkedIn, to his former employer.
So who owns those contacts — the employee or the employer?
LinkedIn is a social networking site used to maintain contacts, and exchange information, ideas and opportunities. One of its functions is to network for jobs and marketing one’s services. The ex-employee had invited his employer’s customers to join his network at LinkedIn while he was still in their employ. The employer claimed those contacts belonged to them.
He allegedly used his LinkedIn network to approach customers for his own rival business, which had been set up a few weeks before the end of his employment.
The decision shows the tension between employees being encouraged by their employers to use social networking websites, but at the same time trying to keep the contacts confidential at the end of their employment.
Professional relationships are established in many ways in the workforce. Social networking websites such as Facebook, MySpace and LinkedIn can assist and ease the development of these “business” relationships. The connections you make can blur the line between professional and personal.
The real legal issue is not ownership, but whether the employer is entitled to the contact list, and whether the ex-employee is restricted in any way from using that information.
The starting point is that customer lists are the employer’s property, and employees and former employees should use those for their employer’s purposes, not personal gain.
What ex-employees can do with former employer contact information depends on a variety of factors, such as whether the contacts are customers, what the ex-employer’s role was, what obligations are in place for confidentiality, non-competition and non-solicitation, what personal or pre-existing relationship exists between the ex-employee and customer, and the reason the ex-employee wants to contact them.
The answer should be the same whether the information is in a company database, or whether duplicates are kept by the employee on a social network site or some means not controlled by the company.
The wrinkle is that the blurring of work and personal, and the use of social networking sites, makes it more difficult to determine whether the information is corporate, personal, or mixed.
It would be an easier decision to make if all the contact information was stored on a company-owned or -controlled system.
Equally difficult is the issue of whether information on the social networking site should be provided to the employer on the basis that since it was created as part of the employee’s role in the company, it should remain a company asset for others to use.
The lesson in this case is that both employers and employees should think about how workers use social media for business purposes, and consider and communicate the expectations that go along with it.