Background checks in accordance with the Aviation Security Act are carried out for, among others
- Persons who are to be granted access to the non-public areas of the aerodrome grounds of a commercial airport for the purpose of carrying out their professional activities on a more than occasional basis,
- personnel of aerodrome and aviation companies, air traffic control organisations, air maintenance and repair companies, freight, postal and cleaning companies, as well as goods suppliers and comparable supply companies, in particular those involved in the "secure supply chain", who have a direct influence on the safety of air traffic due to their activities; if the above-mentioned companies make use of personnel from other companies, this personnel is deemed to be the same as their own personnel
- Aeronauts: pilots and student pilots.
As part of the background check, the police enforcement and constitutional protection authorities of the federal states, the Federal Public Prosecutor at the Federal Court of Justice (Federal Central Register), and, if this gives rise to doubts about reliability, also 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 as well as, if necessary, the immigration authorities (§ 7 para. 4 LuftSiG) are queried.
The personal data is electronically stored and used by the aviation security authority only within the framework of the background check. The aviation security authorities inform each other about the performance of background checks as far as this is necessary in individual cases.
Pursuant to § 7 para. 3 sentence 2 LuftSiG, 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 certificates of good conduct. In particular, they must provide truthful information when submitting their application and, if necessary, during a hearing, which may be required if there are doubts about their reliability. Any person who wilfully or negligently fails to provide truthful information shall be guilty of an administrative offence. Pursuant to § 18 para. 2 LuftSiG, this administrative offence may be punished by a fine of up to ten thousand Euros. The persons concerned may, however, refuse to provide information that could put them or a close relative within the meaning of Section 52 (1) of the Code of Criminal Procedure at risk of criminal or disciplinary prosecution, dismissal or termination.
The result of the background check shall be communicated to the person concerned, to the current employer and to the police and constitutional protection authorities of the Federation and the Länder 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. It is recognised nationwide.
If the repeat examination is applied for no later than 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 examination is completed (§ 5 para. 2 LuftSiZÜV).
The Aviation Security Authority decides which persons may be granted access to airside and to the security restricted area or to the sensitive part of the security restricted area if the requirements are met, or which persons are to be revoked if the requirements no longer apply.
Once the background check has been completed, the person concerned may be issued with a pass by the operator as proof of authorisation to access. The badge holder is required to wear the badge in plain view in the security restricted areas and to return it upon expiration of the validity period or upon request. The badge holder may not leave the badge with any third party. Its loss must be reported to the issuing office without delay.