Social media has changed the way we connect with others, and the various platforms – LinkedIn, Facebook, Instagram, TikTok, X – have become extensions of personal identity, professional reputation and can offer intriguing insights into a person’s behavior and lifestyle. As a result, social media has become an increasingly significant component of background investigations and is becoming a critical part of due diligence for employers, legal teams, and organizations responsible for mitigating risks and liabilities.
How a person portrays themselves on social media can have both benefits and repercussions, depending on the situation and who is gathering the information. According to Neotas, a due diligence and risk management company, 85% of talent recruiters now incorporate social media screenings into their hiring process.
Understanding how background investigations are performed by leveraging information gathered from social media can yield valuable insights into the types of information available and what lies outside of compliance protocols. Next, we will discuss what these types of investigations can uncover and why including social media due diligence is beneficial.
Traditional background checks involve the gathering of information based on records, databases, and verifiable data. Social media can benefit these background checks by providing behavioral insights into someone’s life that may not appear elsewhere. According to DISA, a workforce compliance and screening company, the types of information often of value to employers and attorneys include, but are not limited to the following:
This type of information, potentially gathered from a person’s social media, can be useful for HR teams screening candidates for possible employment, investigators conducting internal misconduct-related inquiries, and at times for attorneys engaging in employer-based litigation or for corporate leadership concerned for workplace safety and their current employees. Looking at an individual’s social media can assist with filling in gaps a résumé may have, or provide further context in someone’s personal life and associated activities.
Although conducting social media background checks can be a vital part of an investigation, there are some limitations and compliance requirements to which one should adhere.
It is also important to note that when a third party conducts a social media investigation for pre-employment screening purposes, the Fair Credit Reporting Act (FCRA) applies and requires several safeguards prior to a background check being conducted. According to the Federal Trade Commission, investigators are required to:
To conduct a thorough and ethical social media investigation, while addressing its compliance and legal limitations, several best practices are recommended:
Our firm’s internal investigative team conducts thorough, legally compliant social media background checks that may be beneficial to law firms, corporations and their executive teams, risk and compliance leaders, and Human Resources and talent acquisition departments.
Whatever the reason for your social media background investigation, our firm can assist and add value where needed. Please reach out today to learn more about how we conduct our investigations and how they could be useful to you and your company.
For more information on this topic, please contact a member of our team.
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