Selection of candidates for employment
When advertising vacancies, employers receive a lot of personal information, usually from the biographies of applicants (CVs) – name, surname, sex, date of birth, telephone, e-mail, address, marital status, home address, previous work experience, education, personal interests, photos etc.
The question is - what is done with the data of the applicants who were not selected in the advertisement? According to the Law on Personal Data Protection, after the procedure for selecting candidates for employment, the biographies with personal data of the rejected candidates should be immediately returned. Such personal data cannot be retained without a written consent from the applicant.
This means that if the personal data of the rejected candidates was sent via e-mail and the employer does not have consent from the rejected candidate to further retain his resume with personal data, then the employer is obliged to immediately destroy – permanently erase it, or if they were mailed in paper form to immediately destroy them in a shredder.
The selection of candidates for employment should be performed in a manner that ensures the privacy of the applicants. The employment application and biographies should be stored in a location that is not accessible to all employees, but only those employees responsible for the selection of candidates. Authorized employees as well as all other employees that work with personal data, should be informed by the employers about their legal obligations while treating personal data in accordance with the internal regulations for personal data protection that each controller must have. The Directorate recommends that employees working with personal data should sign a confidentiality statement or to insert such a provision in the employment contract.