⚡ TL;DR · Part 2

What they
do with it.

The data itself is harmless. It only becomes concrete when combined, sold or used by authorities. Three scenarios — all based on verifiable practices. Only Lena is fictional.

📅 March 2026 🔗 All information with sources
Read Part 1 — What they know
Scenario 1 — Insurance
What's happening here
📊
Already standard practice in the US: US insurers use social media data and data broker data for risk assessments. Those who post frequently about stress, poor sleep or mental health can be flagged as risk profiles. Around 25% of 25-34-year-olds in the US report that social media has affected their insurance premiums or credit, according to surveys.
🇩🇪
Not yet permitted in Germany — but: Data from social media is already being collected and sold by data brokers. What insurers cannot do directly, they can obtain indirectly through purchased data packages. The GDPR offers protection — but only as far as it is enforced.
Scenario 2 — Job application
What's happening here
🔍
Standard practice: According to an international study, 60% of HR professionals unofficially use candidates' social media profiles in their hiring decisions — before and after interviews. Anything publicly visible may be viewed by a HR department.
📋
No obligation to explain: Employers are not required to give reasons for rejections. "We have decided to proceed with another candidate" is legally sufficient. You will never know what really made the difference.
📱
Public profiles: Anyone who has set their Instagram or TikTok profile to public — for example to gain more reach — gives HR departments free access. Posts, likes, comments, followers: all visible.
Scenario 3 — Entry ban
lena.meyer@gmail.com
ESTA Application — Final Determination
Authorization Denied
US
U.S. Customs and Border Protection
no-reply@cbp.dhs.gov → lena.meyer@gmail.com
Mo, 07:02

Dear Ms Meyer,

Your ESTA application has been reviewed by U.S. Customs and Border Protection.

Authorization Denied.

Following a review of your submitted information, including publicly available online content, your application does not meet current requirements under the Visa Waiver Program.

This determination is based on INA § 212(a)(3)(B). No further detail can be provided regarding the specific basis for this determination.

U.S. Customs and Border Protection · Department of Homeland Security

LM
Lena Meyer
lena.meyer@gmail.com → info@migration-legal.com
Mo, 09:34

Hello,

I received a rejection of my ESTA application today. I wanted to go to the US in September for a three-month study abroad semester — I've been preparing for a year.

The email mentions "national security screening criteria" — I don't understand how that could apply to me. I'm 17, I've never been to the US, I have no criminal record.

Can anyone help me? Is there any way to appeal?

RA
Thomas Hoffmann, Immigration Law
t.hoffmann@migration-legal.com → lena.meyer@gmail.com
Mo, 14:18

Dear Ms Meyer,

ESTA rejections have increased significantly since December 2025, since the US began systematically including social media histories in its screening process.

In practice, we see rejections among people who have liked or shared content from organisations viewed critically by US authorities — certain NGOs, climate groups, political movements — or who have left comments that could be interpreted as critical of the US government.

May I ask: have you liked or shared any posts on political topics in recent years — even without thinking much about it?

An ESTA rejection is not subject to appeal. The study abroad semester in September is realistically at risk.

Thomas Hoffmann, LL.M. · Immigration Law · migration-legal.com

LM
Lena Meyer
lena.meyer@gmail.com → t.hoffmann@migration-legal.de
Mo, 16:52

I think I know what it might be. Last year I shared some posts from Amnesty International and liked a thread about Gaza. It wasn't a political account — just someone reporting on it.

I didn't even think of it as "political". I thought those were normal topics people could talk about.

RA
Thomas Hoffmann, Immigration Law
t.hoffmann@migration-legal.com → lena.meyer@gmail.com
Di, 09:05

Dear Ms Meyer,

That does sound plausible. The content you mentioned can trigger flags in automated screening systems — regardless of your actual intent.

Algorithms scan for keywords and account connections, not context. Amnesty International is not on any banned list — but certain campaign hashtags or linked accounts can in combination trigger a score.

"Applicants should be mindful not just of their own posts, but also of content they have liked, commented on, or re-shared." — U.S. immigration attorney, NPR, December 2025

The semester in September is no longer realistic for this year. I'm sorry I can't bring you better news.

Thomas Hoffmann, LL.M. · migration-legal.com

What's happening here
🇺🇸
Reality since December 2025: The US screens the social media histories of visa and ESTA applicants. Students, work visa holders and soon tourists from 42 countries — including Germany — are affected.
👍
Not just your own posts: According to US immigration lawyers, likes, comments and reposts can also be grounds for rejection — even if the content appears harmless. (Source: NPR, December 2025)
🚫
No right of appeal: ESTA rejections have no formal appeal process. The rejection remains permanently on record and affects all future visa applications.