Employers in Germany will be allowed to enter job applicants' names into search engines and professional networking sites but must not look at their profiles on Facebook, under a draft law that was approved by the Federal Cabinet yesterday.
The law on the regulation of employee privacy is said to establish "an equitable balance between the interests of employees in protecting personal data and the legitimate interests of employers," according to a translation of a statement on the Federal Cabinet's website.
The law clarifies the questions that can be asked during a job application process. It is acceptable for an employer to request an applicant's name, address, telephone number and email address, according to the law; but certain internet searches are forbidden.
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Official guidance that accompanies the law cites Facebook as an example of a service used for communication, which must not form part of a "private fishing expedition" and LinkedIn as a service used to represent professional qualifications which can be explored.
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Kirsty Ayre, a partner in the employment law team of Pinsent Masons, the law firm behind OUT-LAW.COM, said UK law is more tolerant of online research.
"I know a lot of employers will put an applicant's name into Google to see what comes up, and nothing in UK law prevents that," she said. "In terms of how employers use the information they find, they have to be conscious of a person's rights, particularly under the Data Protection Act."
"The safest approach is to make it clear at the outset of the recruitment process that you're going to conduct internet research," she said.
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