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The use of new technologies for recruitment purposes

Published on : 21/04/2023 21 April Apr 04 2023
Newsletter / Do’s and Dont’s
Newsletter

When recruiting, recruiters may need to resort to new technologies to select candidates. Such operations must comply with the GDPR. The CNIL, which is the French data protection authority, has published a recruitment guide to define the core principles applicable when recruitment tools are resorted to.

DO

- Collect only the information that is needed to identify the most appropriate candidate for the position to be filled and to verify his or her qualifications (e.g., diplomas and certifications);

- Only administer tests or run simulations that are directly related to the relevant position (e.g., for a computer engineer position, administer a timed test to measure the applicant’s ability to solve logical problems, or for a hotel receptionist position, run a simulation in order to evaluate the applicant’s ability to greet customers, listening skills, and level of proficiency in a foreign language);

- Use video and audio recordings to facilitate communication in the context of the hiring process (e.g., to save candidates travel time or to record interviews in order for them to be later analysed by the recruiter), but not in pursuit of certain innovative goals, the scientific validity of which has not yet been ascertained (e.g., automated analysis of facial micro expressions);

- Only use automated sorting, scoring, and ranking tools on an exceptional basis: they may be permitted if the number of applications received for a particular position is very high;

- Carry out a Data Protection Impact Assessment (DPIA) where processing operations carried out for recruitment purposes are construed as posing a "high risk" for applicants’ rights and freedoms (e.g. processing operations that create profiles of individuals, including through a selection algorithm).

DON'T

- Do not collect information that is not directly related to the assessment of the candidate's suitability for the job or his/her professional skills (e.g., when using a videoconferencing tool, do not copy all the contacts stored in a mobile phone’s address book);

- Do not include "ad trackers" that may, for instance, collect information regarding the use of the mobile terminal without the user's knowledge (geo-tracking, list of installed applications, accounts associated with the terminal, etc.);

- Do not use techniques the scientific validity of which is challenged, such as those that claim to ascertain that candidates possess certain qualities based on their facial features (psycho-morphology), their astrological sign or their date of birth (numerology);

- Do not use assessment techniques by "surprise" or without the candidates being aware of such use (e.g., do not use a hidden camera to analyse candidates’ behaviour while they are in a waiting room in order to ascertain who possesses the best initiative skills);

- Do not use solutions or service providers that transfer personal data to third countries without there being a legal framework in place.
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