Germany: controversy about the bill on the protection of employees’ private data

No hidden cameras.  Taking account of the criticism introduced, in June, by the German Trade Union Confederation (DGB, see our dispatch No. 100506), the Department for Home Affairs presented a bill partly improving the protection of employees’ data compared with the initial draft.  Thus, the new law bans setting up video cameras in the company without the employees knowing about it and removes all exceptions (paragraph 32-4).  However, using visible cameras will be permitted, “insofar as they are necessary to guarantee important interests in the company” (paragraph 32-f).  Besides, it will now be harder for employers to gather information on applicants on the internet.  Thus, employers will still be able to get information on someone by Googling their name but they will no longer be allowed to go to “Facebook” or “StayFriends” (paragraph 32-6).  Moreover, pre-recruitment medical tests will only be allowed if the applicant’s health status plays a major role in performing the job they are applying for.  Thus, unlike a pilot or a surgeon, a secretary can’t be subject to blood tests before recruitment (paragraph 32-1).  Within the framework of the fight against corruption, the new law also allows employers to monitor and massively tally employees’ data, but only to uncover offenses or other serious violations, and anonymously only.  Employees’ identity can only be revealed in the event of concrete suspicions.  Later, employers will have to inform the employees affected by these measures (paragraph 32-3).