In today's interconnected world, where data flows freely and information is readily accessible, the protection of personal data has become paramount. This is especially true in the context of recruitment and hiring, where employers handle a significant amount of sensitive information about candidates. As technology continues to evolve, so do the responsibilities of employers to protect candidate data, ensuring its security and lawful processing.

In this article, we will explore the essential data protection responsibilities that employers must uphold and the remedies available to candidates under the General Data Protection Regulation (GDPR).

The Digital Transformation of Recruitment

The rise of digital platforms has revolutionised the way companies manage their hiring processes. Online job boards, applicant tracking systems, and other recruitment tools have made the hiring journey more efficient and accessible. However, this digital transformation comes with a heightened need for data protection. Candidates entrust employers with personal information ranging from contact details and resumes to potentially sensitive data like educational backgrounds and work histories.

Employer Data Protection Responsibilities

Employers using online platforms, such as inploi, have an obligation to protect candidate data. This includes securely storing applicant information, ensuring lawful data processing, and handling sensitive data appropriately. Employers must also provide candidates with information on how their data will be used and obtain their explicit consent before collecting their information.

Secure Storage and Processing

Employers are responsible for securely storing and processing candidate data. This involves implementing robust cybersecurity measures to prevent unauthorised access, data breaches, and cyber threats. Encryption, access controls, and regular security audits are some of the strategies that can be employed to safeguard data integrity.

Lawful Data Processing

Under the GDPR, employers must ensure that they have a lawful basis for processing candidate data. This usually involves obtaining explicit consent from candidates or demonstrating a legitimate interest in processing the data. It's imperative that employers are transparent about their data processing activities and provide candidates with clear information about how their data will be used.

Sensitive Data Handling

Sensitive data, such as information about an individual's race, religion, health, or criminal history, requires special care. Employers should only collect and process such data when it's strictly necessary for the recruitment process. Consent or a legal obligation are often the only justifications for handling sensitive data. Additionally, this type of data demands even higher security measures to prevent potential discrimination or unauthorised disclosure.

Candidate Remedies under the GDPR

The GDPR places candidates in the driver's seat when it comes to their personal data. It grants them certain rights and remedies that empower them to take control of their information. This includes the right to access their personal data, correct any inaccuracies, and request that their data is erased. Candidates also have the right to object to the processing of their data and to restrict its use.

Access and Transparency

Candidates have the right to know what data is being collected about them and how it's being used. Employers must provide clear and concise privacy notices that outline these details. If a candidate has concerns about their data, they can request access to it, allowing them to verify its accuracy and rectify any inaccuracies.

Right to Erasure

Also known as the "right to be forgotten," candidates can request the deletion of their data under certain circumstances. If, for instance, the data is no longer necessary for the purposes it was collected, the candidate can ask for its removal from the employer's records.

So, it is important for candidates to understand their rights under the GDPR and to be aware of how their data is being used. If a candidate believes that their data has been mishandled, they should first contact the employer to voice their concerns. If this does not result in a satisfactory resolution, candidates can file a complaint with their country's data protection authority.

Conclusion: Commitment to Data Protection

In a digital landscape where data breaches and privacy violations are a growing concern, employers must prioritise data protection. By fulfilling their responsibilities to securely store, lawfully process, and appropriately handle candidate data, employers can build trust and foster positive relationships with potential employees. Candidates, too, have a role to play by being informed about their rights and taking proactive steps to ensure their data is handled in accordance with the law.

Remember, data protection is a shared responsibility, and both employers and candidates play crucial roles in upholding privacy standards. While this article provides a general overview, it's essential to consult legal professionals and experts in data protection for specific guidance tailored to your organisation's needs.

Of course, all of inploi's partners adhere to the highest data protection standards. If you have any inquiries about data protection, please feel free to contact us at privacy@inploi.com