Germany's Facebook Ban

Last week a draft bill was backed by the German government limiting the use of Facebook by employers when hiring new staff. The proposed legislation will still allow employers to consult other social websites that make job information and networking public, such as LinkedIn or Xing. However, if an employer was to “befriend” an employee or hack into their account to access private data, with the intention to use the information against them, the employer could expect a fine of up to €300,000.

This development comes off the back of a number of workplace scandals that have recently surfaced. Deutsche Telekom (telecommunications company), Deutsche Bahn (national railway) and Lidl (retailer) are amongst the highest profile employers involved. The bill still faces a final debate and vote in parliament but is speculated to become law as early as this year.

One issue envisaged with the new proposed law is the difficulty in enforcing it. For example, it will be difficult for any employee to prove that personal information from their page on any private social network has made its way into hiring files.

The bill marks the increasing growth of German government control of data privacy. The same bill plans to restrict the use of video recording employees in places where they are not made aware of such use, despite arguments from opponents claiming that the proposal will affect anti-theft measures and employee corruption.

Separately, the German Data Protection Authority is investigating Google Street View for issues of privacy and allegations of collecting unencrypted wifi data. Google have said that this was a mistake and have stopped this process. Google have also introduced tools for German residents to opt out of their property being displayed on the street image software. Meanwhile, German authorities are also testing Apple on their data collection policies for devices like the iPhone.

The proposed bill for Germany seems to be welcomed amongst politicians. Up until now there has been no such legislation regulating social networking websites in this way. It is hoped that it will provide future guidance for courts in the growing number of cases involving networks such as Facebook. It is unknown at this stage whether the UK is soon to follow in Germany's legislative steps.


This blog was largely contributed by Nicola Mallon, whose copyright and moral rights in the blog are asserted. Many thanks to Nicola from everybody at Forde Campbell.