Internet Critique: Anonymity of Employer Evaluations
Employers face a conundrum when anonymously critical reviews from former employees surface online: Can they discover the identities of the critics? A recent ruling by the Higher Regional Court (OLG) Dresden provides some clarity on this matter.
In general, employers cannot compel online review platforms to disclose the identities of critics without a valid legal basis. The Stored Communications Act (SCA) in the United States, for instance, protects the privacy of electronic communications, including online reviews.
In the case of a user who labeled their former employer as "the worst of all time" on an employer review platform, the company demanded that the review be deleted, claiming no contact with the reviewer. When the platform requested evidence, the reviewer provided anonymized documents such as employment contracts and training certificates. However, the company's request for the critic's identity was refused by the platform.
The Higher Regional Court Dresden eventually dismissed the lawsuit, stating that there was no claim for injunctive relief. The platform operator was not liable, and although it has a duty to examine a review when challenged, it had fulfilled this duty in this case. The court emphasized that full disclosure of the reviewer's identity was generally not allowed.
Platforms must only check for actual contact and provide the reviewed company with data-protection compliant information. The disclosure is possible only under strict conditions and must be ordered by a court.
Employers must navigate legal hurdles to discover the identities of anonymous critics, and such actions must be carefully justified to comply with privacy and free speech laws. Extra care must be taken to balance the employer's interests with the critic's right to anonymity.
- In light of the Higher Regional Court Dresden's ruling, it is crucial for community policy in vocational training platforms to ensure protecting reviewers' privacy, as the Stored Communications Act (SCA) in the United States deems online reviews as electronic communications that are privy to protection.
- As technology advances and general-news continues to break stories of anonymous online criticisms, employers must tread carefully when seeking the identities of critics, addressing legal hurdles, justifying actions, and respecting the right to anonymity, as a court order is typically required before any disclosure can be made.
