Selection of candidates for employment

When advertising job vacancies, employers receive a large amount of personal data, usually contained in applicants’ CVs – first name, last name, gender, date of birth, telephone, e-mail address, marital status, home address, previous employment experience, education, personal interests, photos, etc.

The question arises – what is done with the data of the applicants who were not selected in the advertisement? According to the Law on Protection of Personal Data, after the implementation of the procedure for selecting candidates for employment, the biographies with personal data of the rejected candidates should be immediately returned to them. These personal data may not be retained without the express written consent of the applicants.

This means that if the personal data of the rejected candidates were sent by e-mail and the employer does not have the consent of the rejected candidate to keep his resume with personal data, in that case the employer is obliged to destroy it immediately – delete it permanently or if they were sent by mail in paper form to immediately destroy them on a shredder machine.

The selection of employment candidates should be performed in a way that guarantees the privacy of employment candidates. Job applications and resumes should be kept in a place that will not be accessible to all employees and only those employees who are in charge of selecting candidates will have access to them. Authorized workers, as well as all other employees who work with personal data, should be informed by employers about their legal obligations when dealing with personal data, according to the internal acts for the protection of personal data that every controller should have. The Agency’s recommendation is that employees who work with personal data sign a statement on the confidentiality and secrecy of personal data or that such a provision be inserted in the employment contracts.