Employers are allowed to screen applicants before hiring them – but not everything is allowed. This article shows which information is permissible, where clear limits exist and how the review remains legally secure. An overview for everyone who wants to be on the safe side.
What information employers are allowed to collect
Employers are generally allowed to collect all information that is relevant to the advertised position. This includes information about training, professional career, qualifications and special skills. Personal data such as age or nationality are only permitted if they play a legal or factual role in the performance of the activity – for example in certain civil service positions or activities that are tied to a minimum age.
According to a report on web.de, researching applicants on social networks is now part of the standard repertoire. Professional platforms such as Xing or LinkedIn may be viewed as long as the content is publicly accessible. However, guidance from the Federal Commissioner for Data Protection and Freedom of Information (BfDI) emphasizes that greater caution is required with private platforms such as Facebook, Instagram or TikTok. Only publicly accessible content may be accessed here; Anything obtained through friend requests or similar measures is not permitted.
References from former employers may only be obtained with the applicant’s prior consent. This results from the data protection regulations of the GDPR, in particular Article 6, according to which the processing of personal data is only permitted with a legal basis or consent.
Limits of Applicant Screening: What’s Prohibited
The General Equal Treatment Act (AGG) sets clear limits for the examination of applicants. Questions about ethnic origin, religion, political views, trade union membership or sexual orientation are taboo. The famous question about pregnancy is also not permitted – even during physically strenuous activities. In these cases, applicants have the so-called “right to lie” and do not have to provide truthful information.
According to the German Trade Union Confederation (DGB), this also applies to questions about existing disabilities, unless the impairment is directly related to the job (e.g. air traffic controller). Questions about previous convictions are also only permitted in narrow exceptional cases. The Federal Labor Court (BAG) has made it clear several times that previous convictions may only be inquired about if they directly relate to the activity to be carried out (BAG, judgment of November 6, 2003 – 2 AZR 177/02).
Undercover investigations, for example through the smuggling of decoy applicants or unannounced home visits, are generally not permitted and can have significant legal consequences. These practices not only violate personal rights, but also violate data protection law.
Tips for employers: This ensures that the check remains legally secure
In order to stay on the safe side legally, employers should adhere to the principle of proportionality. It is particularly advisable to obtain the express consent of applicants when dealing with sensitive data, for example when contacting previous employers.
The General Data Protection Regulation (GDPR) stipulates that applicants must be transparently informed about what data is collected, what purpose it serves and how long it will be stored. Companies that consistently implement these requirements not only protect themselves from legal risks, but also strengthen their reputation as fair employers.
Editorial team finanzen.net