The Expanding Role of Social Media in Background Investigations: Benefits, Legal Compliance and Best Practices

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.

Why Social Media Matters: What Investigators Can Uncover

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:

Evidence of harassment, hate speech or extremist ideology
Potential red flags such as violent content or illegal behavior or activities
Dishonesty, fraud, or inconsistencies with information provided on application materials for a potential job position
Breaches of confidentiality at former employers

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.

Limitations and Compliance Requirements

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:

Obtain written consent from the applicant before a background check can be performed
Provide a clear, stand-alone disclosure of the types of information that may be obtained from the background check
Follow reasonable procedures to assure accuracy of the gathered information
Supply clients with information about the FCRA, outlining their rights as consumers
Provide a pre-adverse action notice, along with a copy of the social media screening, before taking any adverse action

Best Practices for Effective, Yet Ethical Social Media Investigations

To conduct a thorough and ethical social media investigation, while addressing its compliance and legal limitations, several best practices are recommended:

Establishing and adhering to clearly defined policies on what type of information can be reviewed and how it will be used will assist in streamlining the investigation process and decreasing any errors that could be made.
Investigators should focus only on saving the most relevant information for the screening’s purpose and avoid deviating from the information’s intended purpose.
Combine social media investigations with other reliable methods to ensure a comprehensive background investigation and cross-reference findings with other data sources for accuracy.

How Our Firm Can Help

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.