Online Snooping: Anonymity of Employer Web Browser Checks Questioned
Employer Anonymity Online: Can Companies Unveil Critical Reviews?
Criticizing a former employer anonymously on the internet has become a popular avenue for disgruntled employees. However, companies often struggle to identify these anonymous critics due to data protection and privacy laws.
Swen Walentowski, a spokesperson for "anwaltauskunft.de," explains that employers can only delete a critical online review if they can prove that they had no contact with the reviewer at all. Otherwise, the company has no right to demand that a rating portal reveal the identity of the anonymously appearing reviewer.
This was evident in a recent case involving a user who labeled a company as "Worst employer of all time" on an employer rating portal. The employer demanded the deletion of the evaluation, claiming no contact with the reviewer. The platform, however, sought evidence from the anonymous reviewer, who provided anonymized documents. Despite the employer's demand for the reviewer's identity, the platform refused to disclose personal data.
The Higher Regional Court (OLG) Dresden dismissed the employer's lawsuit, stating that there was no claim for an injunction. The platform operator was not liable, and while they have a duty to examine contested evaluations, they had fulfilled this duty in this case.
The court also emphasized that the full disclosure of the reviewer's identity is generally not permitted. Platforms can only check whether there was actual contact and disclose data protection-compliant information to the rated company. The disclosure of personal data is only allowed under specific conditions and requires a court order.
Under German law, employers typically face hurdles in identifying anonymous critics on employer rating platforms. The legal framework prioritizes privacy and data protection, making it difficult for employers to unmask anonymous reviewers. Attempts to do so may be seen as infringing on the right to anonymous expression.
While employers can potentially take legal action if they can prove defamation or similar legal grounds, proving defamation requires evidence of falsehood and harm, and courts may still prioritize the right to anonymous expression. Employer rating platforms such as Glassdoor or Kununu typically refuse to disclose reviewers' identities without a court order, in line with German privacy laws.
[1] Data protection and freedom of expression laws were not directly referenced in the original text but are relevant context for understanding the legal framework governing employer rating platforms in Germany.
- In the community policy of these employer rating platforms, the disclosure of personal data is usually restricted by German data protection laws, ensuring the anonymity of reviewers.
- Instead of seeking anonymous reviewers' identities, companies may focus on enhancing their lifestyle, fashion-and-beauty, food-and-drink, home-and-garden, relationships, pets, travel, cars, and shopping aspects to boost their online reputation, as vocational training can help in doing so.
- After a challenging workday, some might find solace in pursuing hobbies like pets, travel, or shopping, all of which can be part of an individual's lifestyle and have communities of their own online.
- As for the anonymously posted reviews, maintaining a balance between personal privacy and public opinion is critical in today's digital age, where the power of the internet and its communities is undeniable.
- In light of the legal complexities, companies would do well to consider vocational training for their staff to cultivate a positive work environment and improve communication skills when faced with criticism or challenges, thus fostering better relationships in the workplace.
