Wiegele indicates that "employers often wish to know whether they are entitled to contact an applicant's references and what obligations they may have in this regard. With respect to obtaining consent to contact such references, it is accepted that an applicant who lists references on a job application or resume is implicitly consenting to a prospective employer contacting and obtaining information from those references. Similarly, it is generally accepted that an applicant who lists former employers is deemed to be giving consent to have those employers contacted for references." (Wiegele, p. 3) Conclusion:

This speaks to the fundamental condition in the relationship between employer and prospective employee. The latter must make available willingly certain information that would otherwise be considered private and protected. This is part and parcel to the process of attempting to gain employment and provides the prospective employer with avenues to determine the suitability of the individual not just for the technical responsibilities of the job but also for the environment, cultural and workplace dynamic of the hiring company. Therefore, privacy protections will come with certain necessary limitations. Frequently, prospective employees will sign consent forms or other documents releasing the legal liability of the hiring firm for...

Also, these consent documents will frequently provide the signer with some indication of how this private information will be protected, including assurance that it will remain confidential, will be used only for the purposes of making staff decisions and will not be shared with unconcerned parties.
Even still, as this discussion denotes, employers must tread the fine line between conducting responsible enquiry and violating individual rights to privacy. As our research seems to demonstrate, this goal is best served through internal training and education. As technology evolves, legislation shifts and precedent solidifies, the responsibility rests with the employing firm to remain abreast of the implications of these constant changes.

Works Cited:

Draper, H. (2012). Facebook Privacy Issues Arising in Hiring Process. Biz Journals.

Fleischer, M. (2010). A Legal Landmine: Privacy Issues in the 21st Century. Med Team Support Staffing.

Forster, E. & Garakani, G. (2007). Critical Issues in the Hiring Process. Blaney McMurtry Barristers & Solicitors, LLP.

Waggott, G. (2011). Law Note -- Pre-Hiring Background Checks. McMillan.ca.

Wiegele, J. (2009). Privacy Issues in Pre-Employment Screening. Employment Law Conference -- 2009.