Measures sought to define professional usage of Facebook

A new law is being considered in Germany that could set a precedent internationally on how much businesses can use material on sites like Facebook and Twitter to gain information on current or prospective employees.

German lawmakers are considering a draft bill that is framed around the European Convention on Human Rights (ECHR), which has been incorporated into the national laws of all EU member states.

It seeks to balance Article 8 of the Convention - which stipulates that ‘everyone has a right to respect for his private and family life, his home and his correspondence’ - proportionately with Article 8(2), which set limits for the preceding article, including for the protection of the rights and freedom of others.

The need for clarification on the use of such information was exemplified recently in a case involving a British probation officer. Lawrence Pay was sacked after his employers found information on his Facebook page that they felt compromised his professional integrity.

Mr Pay said his dismissal infringed his right to respect for his private life under Article 8 and freedom of expression under Article 10. A tribunal found, however, that his activities were in the public domain and upheld the dismissal.

A grey area remains, however as, in commenting on the case, the ECHR said there is a right to identity and personal development which may include business-related activities, creating a zone of interaction, even in a public context, which may fall within the scope of “private life”.