The Growing Role of Social Media in Occupational Licensing Investigations

In an era where our digital footprints are ever-expanding, social media has become an unexpected player in occupational licensing investigations. Licensing boards across various professions are increasingly turning to social media platforms as a source of information when evaluating licensees or investigating complaints.

Why Social Media?

Social media provides a wealth of publicly available information about individuals' behavior, opinions, and professional practices. For licensing boards, this can offer valuable insights that may not be apparent through traditional investigative methods.

How It's Being Used

Licensing boards may use social media to:

1. Verify information provided in license applications
2. Investigate complaints against licensed professionals
3. Monitor compliance with professional standards and ethics
4. Identify potential violations of licensing regulations

See for example the case of a teacher who was subject to discipline for posting views about the COVID-19 pandemic and measures on social media.

Ethical Considerations

While social media can be a powerful tool for investigations, its use raises important ethical questions:

• Privacy concerns: Where is the line between public information and invasion of privacy?
• Contextual integrity: How can investigators ensure they're interpreting social media posts correctly, given the often casual nature of these platforms?
• Fairness: Does reliance on social media unfairly disadvantage professionals who are less active online?

Legal Implications

The use of social media in licensing investigations is a relatively new phenomenon, and the legal landscape is still evolving. Some key considerations include:

• First Amendment/Charter rights: How do we balance free speech with professional conduct standards?
• Admissibility of evidence: What standards should apply to social media evidence in administrative hearings?
• Due process: How can licensing boards ensure fair procedures when using social media information?

Best Practices for Professionals

Given this trend, licensed professionals should:

1. Be mindful of their online presence
2. Understand whether their profession has a social media policy
3. Maintain appropriate boundaries between personal and professional online personas
4. Be aware that even "private" posts may become public

Best Practices for Regulators

Provide best practices guidance for professionals. Here are a couple of examples:

1. College of Veterinarians of Ontario: The College notes the importance of professionalism, ethics, privacy, confidentiality and compliance with relevant legislation and has published accompanying guidelines.
2. North Carolina Medical Board: The Board provides Position Statements on the professional use of social media, acknowledging both the informality of social media sites and the serious implications and long-term consequences of certain types of postings.

Conclusion

As social media continues to permeate our personal and professional lives, its role in occupational licensing investigations is likely to grow. This presents both opportunities and challenges for licensing boards and professionals alike. Striking the right balance between leveraging this valuable source of information and respecting individual rights will be crucial as we navigate this new digital landscape.