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Legal Briefing
Germany bans use of Facebook research for hiring decisions
Practice Area: Regulation and Enforcement
Sector: Business services
Jurisdiction: Germany
Published: 31 August 2010
Law Firm: Baker & McKenzie
Overview
The German Government resolved a new law on 25 August that bans the use of Facebook research for hiring decisions in Germany (Beschäftigtendatenschutzgesetz).
The new law is supposed to be integrated into the Federal Data Protection Act (BDSG). It is still pending approval by the German Parliament and the German Federal Council before entering into force.
It will allow employers to collect the personal data of job applicants that is publicly accessible. This includes research in classical media like newspapers and magazines, but also in internet search engines such as Google or Bing.
By contrast, personal data available only in privately used social networks must not be accessed and used by companies for the application process.
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