Background checks in accordance with the Aviation Security Act are carried out for, among others
- Persons who are to be granted more than occasional access to the security area of a commercial airport in order to carry out their professional activities,
- Personnel of aerodrome and aviation companies, the air traffic control organization as well as air yards and maintenance companies, freight, postal and cleaning companies as well as goods suppliers and comparable supply companies, in particular also those involved in the "secure supply chain", who have a direct influence on the safety of air traffic due to their activities; if the aforementioned companies make use of the personnel of other companies, this is equivalent to their own personnel
- Pilots (pilots) and student pilots
As part of the background check, a query is made with the police enforcement and constitutional protection authorities of the federal states, the Federal Public Prosecutor General at the Federal Court of Justice (Federal Central Criminal Register) and, if this raises doubts about reliability, also with the Federal Criminal Police Office, the Customs Criminal Police Office, the Federal Office for the Protection of the Constitution, the Federal Intelligence Service, the Military Counter-Intelligence Service and the law enforcement authorities and, if necessary, the immigration authorities (Section 7 (4) LuftSiG).
Personal data is only stored and used electronically by the aviation security authority as part of the background check. The aviation security authorities shall inform each other about the performance of background checks insofar as this is necessary in individual cases.
Pursuant to Section 7 (3) sentence 2 LuftSiG, the persons concerned are obliged to cooperate in their background check. The aviation security authority may request further information from them or the submission of further documents, e.g. foreign criminal record certificates. In particular, they must provide truthful information when submitting their application and, if necessary, at a hearing, which may be required if there are doubts about their reliability. Anyone who intentionally or negligently fails to provide truthful information is guilty of an administrative offense. This administrative offense can be punished with a fine of up to ten thousand euros in accordance with Section 18 (2) LuftSiG. However, the persons concerned may refuse to provide information that could put them or a close relative at risk of criminal or disciplinary prosecution, dismissal or termination within the meaning of Section 52 (1) of the German Code of Criminal Procedure.
The result of the background check will be communicated to the person concerned, the current employer and the federal and state police and constitutional protection authorities involved. The current employer will not be informed of the findings on which the result is based.
The confirmation of reliability is generally valid for five years. This is recognized nationwide.
If the repeat test is applied for at least three months before the expiry of the period of validity of the background check, the person concerned is deemed to be reliable until the repeat test is completed (Section 5 (2) LuftSiZÜV).
The aviation security authority decides which persons may be granted access to the airside and access to the security restricted area or the sensitive part of the security restricted area if the requirements are met, or which are to be withdrawn if the requirements are no longer met.
Once the background check has been completed, the operator may issue the person concerned with an ID card as proof of access authorization. The badge holder is obliged to wear the badge visibly in the security restricted areas and to return it upon expiry of the period of validity or upon request. The badge holder may not give the badge to a third party. The issuing office must be notified immediately if it is lost.