Anyone who needs to conduct a background check on a German individual needs be aware that the Federal Data Protection Act – Bundesdatenschutzgesetz (BDSG) – and the General Data Protection Regulation (DSGVO. also known as GDPR) set strict limits here.
In Germany, employers and organizations are generally allowed to conduct minor background checks on individuals for the purpose of making employment decisions or granting access to certain facilities.
However, there are restrictions on what can be included in so called background checks. These include restrictions on access to sensitive information, such as a person’s religious beliefs or political opinions. The use of criminal records is also regulated, with restrictions on how far back they can go and what such information can be used for. Private investigators never have access to criminal records and therefore cannot legally determine wether someone has a criminal record in Germany.
In addition, employers must comply with data protection laws and obtain the individual’s consent before conducting a background check.
In Germany, an employer’s right to ask for information during the hiring process is governed by the country’s data protection laws. According to these laws, an employer can ask for information that is not job-related.
However, employers cannot ask for information that is not related to the job. There is no access to sensitive data. Information from an individual’s medical record is also off-limits, with reasonable exceptions based on the specific position.
In addition, employers must obtain the candidate’s consent before conducting an in-depth background check, which may include a review of a candidate’s criminal record or credit history. This is allowed, for example, for certain airport security screeners, and only works by self-reporting to the authorities.
An examination of the applicant’s financial situation is only possible to a limited extent. In particular, it is not possible to determine whether there are any entries in the register of debtors.
It is possible to contact the previous employer, but even this employer is only allowed to give very limited information about the prospective employee, otherwise he could get into legal trouble. In particular, you can ask whether letters of reference or testimonials are genuine.
The employer must also inform the applicant of the purpose of the background check and how the information will be used.
When someone commits a crime, it is recorded in the Federal Central Register, colloquially known as the criminal record. However, due to the right of informational self-determination, this registry cannot be viewed by everyone. However, if someone wishes to obtain information about a criminal record, they can request a police certificate of good conduct.
As a rule, private individuals or private detectives cannot view the Federal Central Register. Not even the person concerned can request complete information about his or her own entries. Only the police, the judiciary and agencies conducting security checks have full access.
If an employer or other government agency requests information about a criminal record, the individual may request a police clearance certificate. This can be obtained from the relevant registration office. The police clearance certificate is an extract from the Federal Central Register. Convictions are only recorded if they involve a fine of more than 90 daily rates or a prison sentence of more than 3 months.
In Germany, civil records typically include information about births, marriages, and deaths. To search for civil records in Germany, you may need to visit the local civil registry office where the event took place, as they are usually the custodians of these records. Some civil registry offices may allow you to search for records online or provide information on how to request copies of records.
It’s important to note that access to German civil records is restricted for privacy reasons, so you may need to provide proof of your identity and relationship to the person in question, or have a legitimate reason for accessing the information.
Private detectives in Germany can investigate limited personal information. They must have a legitimate interest.
In Germany, similar to the other countries of the European Union, it is only allowed to collect, process and disclose a person’s data if there is a legitimate interest in doing so. German law is very strict in this regard.
For example, it is not possible to obtain information about a foreign person without a legitimate reason.
However, information is possible if there is a legal background. Thus, if there is a reasonable suspicion of criminally relevant aspects to the detriment of a person, then such data subject may obtain information about the originator.
Other examples: A spouse may obtain certain information about a person. A creditor may obtain information about his debtors. And an executor of an estate may inquire about heirs and obtain detailed information.
Private investigators in Germany can provide limited information about a person and conduct limited background screening if there is good cause.
Personal interviews, information about debts, details about the place of residence or employer and similar things can be obtained.
You will find out what can and cannot be investigated in your particular case during the initial consultation. Write to us what information you need about a person and why you need it. We will look into it and give you a quote for what we can do.
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