Is the policy facially lawful?
Below are the social media policies that the OGC reviewed. See if you can tell which ones are lawful on their face...
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Consistent with the Company’s approach to interacting with the traditional news media, only designated Company employees are authorized to speak on behalf of the Company in social media. Colleagues who choose to speak on social media about the Company in any way must make it clear that they are a Company employee, but not speaking on behalf of the Company or as an official Company Representative.
1 point
Clear selection
All Company-branded social media accounts (using the Company name, any Company business unit, department, or product name as part of the account name or URL and/or using the Company logo or portion of the logo in any way) must be approved in advance.
1 point
Clear selection
Distinguish personal social media and work social media. Personal opinions should be stated as such. Company colleagues who choose to mention or discuss their work, Company, colleagues, or Company products or services in personal social media interactions must identify themselves by their real name and, where relevant, title or role. You must also identify that you work for Company and make clear in your postings that you are not speaking for or on behalf of Company.
1 point
Clear selection
Protect personal and confidential information. Our Code of Conduct makes clear the importance of protecting the privacy and security of PHI [protected health information], PII [personally identifiable information], and employee information. It is not permissible to disclose this information through social media or other online communications.
1 point
Clear selection
Do not be disrespectful or break the law: You should not post anything discriminatory, harassing, bullying, threatening, defamatory, or unlawful. Don’t post content, images or photos that you don’t have the right to use.
1 point
Clear selection
Remember, it is never appropriate to discuss or post personal information about other colleagues, customers, patients, clients, plan members, or partners unless we have their written consent to do so. It is never appropriate to post protected health information, Social Security numbers, account information, or any other information that constitutes “personal information” or protected health information. Please respect the privacy of others when choosing what you share and post.
1 point
Clear selection
Do not take or share photos from non-public areas or internal meetings. Photos taken in break rooms, stock rooms, conference rooms, and any other area that is not open to the public should not be shared on social media for any reason. Company confidential information, like staffing, inventory, company goals/strategies and patient information could be compromised. Any photos of company presentations/slides, documents, notices or computer screens of any kind are also not allowed on any social media platforms or channels.
1 point
Clear selection
Keep internal communications and information confidential. Internal communications programs that Company uses to provide employees with information about the company, including town hall meetings, employee forums, internal e-mails and memos, are designed specifically to inform and engage our colleagues about our company. While some of the information discussed as part of these communications may already be public, they are not designed for external audiences and it is important that the information be kept confidential. Employees may not take information that is provided internally and post it to internet message boards or blog sites, nor disclose it in other public forums. Photos of internal-only presentations, slides, designs, prototypes and/or meetings should not be shared on social media.
1 point
Clear selection
For Twitter or other similar platforms with very restrictive word count allowances – use one of the following options at the end of your bio. (It is not necessary to include this information in actual posts): (a) Tweets my own; (b) Views my own; or (c) All thoughts my own.
1 point
Clear selection
Leave employee recommendations to the formal process. Professional Employment recommendations, references or testimonials regarding current and former Employees should not be made in a social media posting. These are matters to be handled by the HR Department.
1 point
Clear selection
Use social media appropriately. Social media is not the appropriate venue for voicing complaints about the Company or particular colleagues that could be resolved more constructively through the appropriate channels consistent with the Company’s commitment to maintain a diverse and safe workplace. If Company colleagues wish to use social media to voice complaints or criticisms, they must avoid posting anything that is or could be viewed as discriminatory, harassing, threatening, defamatory, or invasive of another individual’s privacy. Such prohibited posts may include disparaging customers, falsely and intentionally harming someone’s reputation, bullying co-workers, or otherwise creating a hostile work environment. Threats of violence, discrimination and harassment will not be tolerated.
1 point
Clear selection
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