facebook rss twitter

Germany mulls privacy law preventing employee snooping

by Sarah Griffiths on 26 August 2010, 16:12

Quick Link: HEXUS.net/qazrq

Add to My Vault: x

Privacy probe

The German government is mulling whether to boost personal data protection with a new law that would make it tougher for employers to check out new employees using social networking sites.

According to The Wall Street Journal, the German cabinet has endorsed the new law, which makes it illegal for firms to film employees and bans them from using private social networks to vet future employees, but it has yet to pass through parliament.

Germany's interior minister, Thomas de Maiziére reportedly said: "Private social networks are private social networks and not gateways to gaining information on job applicants."

While the draft legislation would stop employers pretending to be ‘friends' on a social network, or gain access to a private network, they would still be allowed to trawl any profiles and information about job candidates in the public domain, with career networking sites such as LinkedIn also considered fair game.

The legislation is reportedly designed to put a stop to recent scandals involving German companies spying on workers and make laws more suitable in dealing with problems of the internet age.

The country's privacy laws have been particularly in the spotlight after Google announced its Street View cars will be photographing Germany's 20 largest cities. Although the new law is not designed to tackle the Google controversy, Germany's government has previously vowed to investigate such services.

However, some experts have apparently refuted the change in laws, which centre on banning the use of personal information without an individual's say so, warning it could lead to extra confusion as the new law could contain a handful of exceptions.

For example, if the new law was passed, companies could still tap phones if they feared corruption or fraud and firms could still look at a worker's internet traffic as long as they do so randomly. Experts fear the law could prove tricky to enforce as a job candidate could suspect a company of snooping round social networks, but it would be hard to prove.

Sebastian Edathy who is the legal expert for the German Social Democratic Party reportedly branded the draft bill "inadequate" and pressured the government to work on a more defined and comprehensive law that could actually threaten employers with "compensation and criminal consequences".

Under the draft law, employers caught snooping unnecessarily on their workers could reportedly face up to two years behind bars or hefty fines.



HEXUS Forums :: 5 Comments

Login with Forum Account

Don't have an account? Register today!
i think if you want to act like a dick on the internet under your real name then you are fair game for employers checking, after all, employers customers and suppliers wouldn't be stopped from reading it, so why can't the employer see what it's customers and suppliers can read? if you don't want people knowing your details, use a false name or keep your profile private and don't let people you don't know befriend you
uni
i think if you want to act like a dick on the internet under your real name then you are fair game for employers checking, after all, employers customers and suppliers wouldn't be stopped from reading it, so why can't the employer see what it's customers and suppliers can read?

This law is not about people's public profile, it is about what they keep private, or only share with their friends. I think it is perfectly reasonable to prohibit companies from making fake friend requests to their employees, because by doing so they are tying to access information that the employee is trying to keep private, and there should be a separation between a person's private life and their work life. The human rights act guarantees such a right (to a private and family life).

uni
if you don't want people knowing your details, use a false name or keep your profile private and don't let people you don't know befriend you
Fine advice, but have you considered the possibility that an employer may attempt to force someone to accept a friend request a a condition of employment?
double post
uni
i think if you want to act like a dick on the internet under your real name then you are fair game for employers checking, after all, employers customers and suppliers wouldn't be stopped from reading it, so why can't the employer see what it's customers and suppliers can read? if you don't want people knowing your details, use a false name or keep your profile private and don't let people you don't know befriend you

So the answer to dealing with snooping by employers is to pretend to be someone else and lie? Well thats a great way to live your life…. If I where an employer thats what i would want my employees to do do so they could feel safe living their life :censored:.

A persons private life is their private life and as long as it doesn't infringe* on their work then it should have nothing to do with their work. I would also question the value of any information gained from the likes of facebook, as people often put up what they think and that can be very different as to what they will do or have done… for many people these sites an extension of their imagination as much as they of their reality.

* Actually infringe, rather than just some paranoid fear that it might
accepting friend requests from people you don't know is the users problem. too many people are more concerned about having 17 gazillion “friends” on facebook than keeping their data private. on top of that they don't mind broadcasting to the world what activities they get up to, such as getting stupendously drunk, or sharing personal comments others might find unnaceptable

people simply need to sort themselves out. even if a law is passed in germany, it's not going to stop some people from checking, it's not going to be easy to find out if someone has done it or not

i think it's reasonable for employers to check that potential employees aren't morons online, and doing things like slagging off customers and suppliers or the company they work for, or other things that may bring the company into disrepute. what an employee does in his or her private life can have a bearing on their employment. the saying of “what someone does outside of work…” is BS these days. who would want to employ someone who demonstrates they are an idiot in the online world? it's a reflection of that person and gives an insight to who you are employing and how they may act in the workplace. if you're going to be an idiot online, do it in a way that won't feedback to your employers