When can an employer Google job applicants?
What does the employer already know about me before I'm invited for an interview? A web search can reveal a lot. But is that allowed?
What kind of information about me can be found on the internet? As a job applicant, it's worth checking what impression the first hits of a web search leave. But are employers even allowed to research candidates online?
It's not that simple, though, as Germany has strict data protection regulations. Employers may generally collect information that is objectively necessary for deciding for or against a contract of employment. However, they usually can't find out anything through a web search that falls under these objective criteria - such as professional suitability.
Court: Employer must inform about Google search
But if there is a specific reason for a search during the selection process, collecting information via a web search may be permissible. In this case, however, employers have an obligation to inform the person about this data processing. This is shown by a ruling of the Labour Court of Düsseldorf (Az.: 12 Sa 1007/23), which the Bund-Verlag refers to.
In this case, a man who had applied for a position and was ultimately rejected sued. During the selection process, an employee of the employer noted that the applicant's name seemed familiar. A Google search revealed that he had been convicted in the first instance, not yet legally binding, for attempted fraud in several cases, to a suspended sentence. The applicant was mainly accused of fabricating job applications to demand compensation from potential employers for discrimination.
Compensation for lack of information
The rejected applicant was not informed about the Google search beforehand. He only found out about it later through access to the files. He considered this to be unlawful and demanded compensation.
The LAG Düsseldorf considered the processing of data from the Google search to be lawful. The Google search was required in this case, according to the court, to determine whether the claimant was suitable for the position.
However, the employer would have been obliged under the General Data Protection Regulation to inform the claimant about the processing of the data. Since this did not happen, the employer must pay the claimant compensation of 1,000 euros. The LAG justifies this with the fact that the claimant became merely an object of data processing and suffered a significant loss of control with negative consequences for the selection decision.
Web search vs. social networks
As the Bund-Verlag explains, a Google search usually involves publicly accessible data. The legal situation looks very different, however, if employers are interested in profiles in social networks - especially if data is only available after registration and it concerns leisure-oriented networks. According to the prevailing view, it is impermissible for employers to query such information for a job application process.
In the context of job applications, employers may collect necessary information for employment decisions, but web searches often don't provide such objective data. The Labour Court of Düsseldorf ruled that if an employer conducts a web search during the selection process and finds potentially relevant information, they must inform the candidate about this data processing.
Despite the general rule that employers should not query social network profiles during a job application process, the legal situation can differ if the data is publicly accessible or requires registration. This requires further examination and may depend on the specific circumstances.
