The Captain wrote about this the other day which is what brought it to my attention.
He linked to this AP article which talked about the recent trend. (BTW, what "steadily improving job market" are they talking about?)
So here's a suggestion from Nancy P via Clarissa's Blog that I pirated because it is so excellent.
I will consider your request when you have gathered original copies of privacy releases from the “friends” and from any others who may have been seen in a photo on my private Facebook page. I also require you to obtain from Facebook’s general counsel a specifically worded consent for you to access my private Facebook page via password. The action of giving a password to some person other than the registered user is considered a violation of terms of service, and may be illegal. Furthermore, I suspect that you would like to prevent your company from being banned or sued by Facebook. Lawyers in most civil suits take a scattershot method of naming defendents, and any sloppiness on your part in obtaining all consents from “friends” and any people present in photos on the private site may expose you to lawsuits from these individuals, and possibly lawsuits by Facebook corporate defendant in any countersuit. Needless to say, I would be a target of all lawsuits as well, but generally plaintiffs’ lawyers pursue corporate deep pockets, and individuals with relatively few assets are assigned minimal responsibility.
Not only is this an excellent response that covers you with the employer, but there is no way they get everything needed to comply.
Thanks to the Captain, Nancy, and Clarissa for this tidbit. Good to have quality bloggers out there that I can pirate to keep my few readers (and myself mostly) entertained and informed.