Unlocking Britain's Potential –  A major event for senior decision makers ready to unlock the potential of their workforce.  21st February 2011

Germany sets precedent with ban on recruitment vetting using Facebook

UK businesses looking for candidates for legal jobs could soon be prevented from using non-business orientated social networks for research.

That is after a new draft was approved by Germany's federal cabinet that prevents recruitment agencies and employers from viewing applicants' profiles on Facebook and other personal social networks.

Under the new law, businesses will be allowed to ask for a candidate's name, address, telephone number and email address, but will not be able to collect online data from websites used for electronic communication, even if it is in the public domain.

The only exception to this is where social networks are used by members to show their professional qualifications and job history.

Currently, there is no such restriction in place in the UK, with many employers admitting that they use Facebook and other sites as a resource when considering applicants.

However, the new law in favour of employee's rights in Germany could signal a sea change in online privacy issues between individuals and companies and prompt legislation in other countries as a result.

In 2008, a report by the Times indicated that as many as one in five businesses are using the internet to check on candidates, with two-thirds of those admitting that their decisions were influenced by these findings.

Insight from Badenoch & Clark is here to help you make informed career and recruitment decisions. If you need help with a particular challenge, just ask. Contact us or check our latest legal jobs.

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