Germany to prevent Facebook checks

German employers may soon have to rule out social networking sites like Facebook from their list of sources when assessing future hires.

A draft German law will make it illegal for prospective employers to spy on applicants’ private postings on sites such as Facebook.

While the German cabinet has endorsed the new legislation, it has yet to pass through parliament.

Under the proposals, online checks would not be completely out of bounds as employers could still conduct searches on applicants from the public domain, including postings on professional networks such as LinkedIn.

German interior minister Thomas de Maiziére said, “Private social networks are private social networks and not gateways to gaining information on job applicants.”

A survey by talent management consultancy DDI last year found that a quarter of employers worldwide are using social networking sites such as Facebook and MySpace to source for information about job candidates.

Michael Rendell, head of HR services at professional service firm PricewaterhouseCoopers, said that employers need to tread carefully to avoid accusations of snooping on staff.

“While in some instances there may be legitimate reasons for accessing information, it will always be hard for firms to argue that they have not been unduly influenced by information obtained,” Rendell said. “Even awareness of basic data such as age and marital status could prompt accusations of discrimination against prospective employees.”

The new law will also prevent clandestine video surveillance in the workplace, particularly in private spaces like lavatories or locker rooms, de Maiziere said. An employer ignoring the new rule could be charged fines of up to €300,000 (about US$379,000).

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