In today’s digital-first world, your social media profile may carry as much weight as your CV. But should employers be allowed to rely on your online presence when making hiring decisions?
This is the provocative question explored by Abongile Marman, a University of the Western Cape (UWC) graduate, in his Master’s thesis in Mercantile and Labour Law.
A Legal and Ethical Grey Area
Marman’s research highlights the growing tension between digital privacy, employment law, and discrimination in South Africa. He argues that existing legislation leaves job seekers exposed to unfair treatment based on their online personas.
“Social media is where people show their personality, their interests, their humour. But employers might misinterpret that, especially if they take posts out of context,” he explains.
The Gaps in South African Law
Although the Protection of Personal Information Act (POPIA) regulates how personal data may be processed, Marman found it does not directly address how employers use social media in recruitment.
“There’s no clear provision that says employers must get consent before accessing your social media…And there’s no law that forces them to give reasons for rejecting a candidate,” he notes.
This gap means many applicants may never know whether their digital activity played a role in their rejection. The Promotion of Access to Information Act (PAIA) allows only public sector applicants to request reasons for non-appointment, leaving private sector candidates without recourse.
Learning from International Models
To explore possible reforms, Marman compared South Africa’s framework with international practices.
- Canada: Employers need explicit consent to use social media, even if accounts are public.
- United Kingdom: The GDPR and Data Protection Act (2018) require employers to have a lawful basis – such as consent or legitimate interest – before processing personal data.
Marman argues that similar clarity is needed in South Africa to protect job seekers.
Recommendations for Reform
His thesis recommends:
- Amending POPIA to include explicit rules on the use of social media in recruitment.
- Extending PAIA to cover private sector applicants seeking feedback.
- Strengthening anti-discrimination protections, since online content can expose religious beliefs, political views, or lifestyle choices that may bias hiring decisions.
The Bigger Picture
Marman concludes that while social media is part of modern life, it should not be weaponised against job seekers. Instead, South African law must evolve to balance the legitimate interests of employers with the rights and dignity of candidates.
