The use of social media sites to obtain information on job applicants in the recruitment process

The Constitution of the Republic of South Africa provides for the right to privacy. This constitutional right includes the right not to have one’s person or home searched; one’s property searched, and one’s possessions seized. In addition, the right to privacy includes the right not to have the privacy of communications infringed. To give effect to the constitutional right to privacy, the legislature has enacted the Protection of Personal Information Act 4 of 2013 that is aimed at protecting a person’s personal information. The South African Constitution also provides for the right to access to information. The constitutional right to access to information gives a person the right to access any information held by the State or any other person, that is required for the exercise or protection of any rights. To give effect to the constitutional right to access to information, the legislature enacted the Promotion of Access to Information Act 2 of 2000 which enables requesters to gain access to information held by the State and/or private bodies. Research shows that the use of social media background checks during the recruitment process has increased over the past decade. This study consists of a discussion on the practice of social media background checks and the legal issues surrounding it. This study consists of an examination of the laws in South Africa that are relevant when it comes to social media background checks. This study contains a discussion on the South African laws governing the privacy of job applicants as well as the laws relating to access to information. The rights of job applicants that may be violated in circumstances where social media background checks are conducted during the recruitment process, are discussed.

Grantor dc:publisher.institution

University of the Western Cape

Year dc:date.issued

2025

Author dc:creator

• Marman, Abongile

• Background Checks
• Employers
• Employment Equity Act 55 Of 1998
• Job Applicants
• Privacy

Licence

• https://uwcscholar.uwc.ac.za/bitstreams/1a65e97b-e58b-4abb-a781-812b752901d8/download