Although both authorities have prohibited video interviews, the question
is not so clear-cut: Since this method is based on a structured procedure (DIN
33430 and DIN Spec) and is carried out for aptitude diagnostic reasons, video
interviews achieve a high prognostic validity with regard to the aptitude of an
Dr. Philipp Byers gives a factual explanation of the data protection
aspects of video interviews in the linked article.
His conclusion is: In NRW and Berlin, Skype interviews and video
interviews or the recording of a video interview can only be used in the employment
application process with the candidate's willing consent according to §26 para.
2 of the Federal Data Act.
Video interviews and their recordings are subject to DIN Spec
requirements for video-based methods of recruitment ". The DIN standards
are aimed both at the developers and distributors of tools for video interviews
and at all companies that use or would like to use video-supported methods in
the employment application process.
DIN Spec 91426 is intended to contribute to a transparent and reliable
guarantee of digital recruitment procedures in the case of video recruiting, as
well as to protect against discrimination in recruitment and to highlight
individual issues regarding the topic of artificial intelligence in the
employment application process. Read more about this here.