Canadian Government Executive - Volume 24 - Issue 01
January/February 2018 // Canadian Government Executive / 33 Communication I won’t use this article to debate and dis- cuss the ethics and/or morality of whether it’s right for someone to have their lives ruined over something they say or do that ends up on social media. Instead, I want to put an exclamation mark on what has become our reality — primarily for those people/friends/clients who are still in the dark. The fact is there’s been a real genera- tional shift when it comes to the public’s desensitization on privacy issues. Through developments like social media and the prevalence of recording devices around us, people seem okay having private conver- sations in public. And, I’m not sure some- times if they realize others are listening. Today, just about everyone has a mo- bile recording device (their phone) and the ability to broadcast what they see and hear to a global audience instantaneously with platforms like Facebook, Twitter, Ins- tagram, YouTube, blogs, etc. These “reporters” or “broadcasters” can be 6-year-olds with an iPad or 86-year- olds with a mobile phone. And, once they share what they see, hear or record, their “friends” or “followers” then share to their friends, and so on, and so on — infinitely. Social media is truly the largest water cooler in the world….and it’s a water cool- er with bite. The most likely scenario is someone overhearing a private business conver- sation in a public setting. They aren’t re- cording it, but they’re hearing it and likely sharing what they hear with others. I can’t tell you how many times I’ve been in a coffee shop and overheard leaders talking strategy — information that should only be discussed in a boardroom. Despite what they/you may think – it seems you have no reasonable expecta- tion of privacy in a public place – whether it’s a restaurant and coffee shop or a park, street corner….or beach. Hell, even the garbage you put out on the street corner is fair game to pick through if people want. Although I do watch Suits religiously, I am no lawyer — so I would point you to a paper on the issue in the Canadian Jour- nal of Law and Technology, where Uni- versity of Ottawa Law professor Teresa Scassa stated: “Courts have frequently found that in- dividuals have little or no expectation of privacy with respect to activities they carry out in public space. Those who have ‘voluntarily exposed themselves to public gaze’ are said to have little basis for com- plaint if their behavior is observed by oth- ers. To frame it another way, ‘a person can have no reasonable expectation of privacy in what he or she knowingly exposes to the public, or to a section of the public, or abandons in a public place.’” So, when you’re sitting in that coffee shop or restaurant, you’re actually sur- rounded by “reporters.” so to speak. And, it’s not just actions that get cap- tured. Sometimes it’s people’s own social media activity that gets them attention. Some seem to forget that many social me- dia posts are public conversations. For example, in the recent Canadian elec- tion, a number of candidates got in trouble — with some having to resign over tweets and Facebook posts from their past. It’s a trend that’s growing in politics the more years of social media we have behind us. How many stories do we hear about these days regarding someone resigning because of something they said on social media? I’m not suggesting you should abandon social media because it can be a valuable tool for networking and out- reach. However, if you’re the leader or any organization (especially a government- based Ministry or organization), treat social media like any public forum – cau- tiously and professionally. This may seem like something from Captain Obvious at this point, but let me drive it home with a blunt force object: don’t say or do anything in public that you won’t want to show up on the evening news or front page — because it just may. C onway F raser is the Managing Director of Fraser Torosay, a strategic communications company based in Waterloo, Ontario, Canada. He is also a Gemini Award-winning former CBC journalist. Reach him at: conway@ frasertorosay.com Courts have frequently found that individuals have little or no expectation of privacy with respect to activities they carry out in public space.
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