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 airfield premises 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 organizations, air yards and maintenance 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 aforementioned companies use the personnel of other companies, this personnel shall be deemed equivalent to their own personnel
- Aeronauts: aircraft pilots and student pilots.
Within the framework of the background check, a query is made with the police enforcement and constitutional protection authorities of the federal states, with the Federal Public Prosecutor at the Federal Court of Justice (Federal Central Register), and, if this gives rise to 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 criminal prosecution authorities, as well as, if necessary, the foreigners authorities (Section 7 (4) LuftSiG).
The personal data is stored and used electronically by the aviation security authority only within the framework of the background check. The aviation security authorities shall inform each other of the performance of background checks, insofar as this is necessary in individual cases.
Pursuant to Section 7 (3) Sentence 2 LuftSiG, those concerned are obliged to cooperate in their background check. The aviation security authority may request further information from them or the submission of additional 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 intentionally or negligently fails to provide truthful information shall be deemed to have committed an administrative offense. Pursuant to Section 18 (2) LuftSiG, this administrative offense may be punished by a fine of up to ten thousand euros. However, the persons concerned may 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, 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 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 (Section 5 (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 prerequisites are met, or which persons are to be revoked if the prerequisites no longer apply.
Once the background check has been completed, the person concerned may be issued a badge by the Contractor as proof of authorization 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 give the badge to any third party. Its loss must be reported to the issuing office without delay.