Recruitment and selection—data protection issues
Recruitment and selection—data protection issues

The following Employment practice note provides comprehensive and up to date legal information covering:

  • Recruitment and selection—data protection issues
  • Why the employer processes personal data during recruitment
  • Data protection principles
  • Personal data—lawful processing conditions
  • Lawful processing condition—consent
  • Lawful processing condition—compliance with legal obligation
  • Lawful processing condition—legitimate interests
  • Special category data—specific processing conditions
  • Specific condition—obligations and rights in employment law
  • Specific condition—information made public by the applicant
  • More...

From IP completion day (11pm on 31 December 2020), Regulation (EU) 2016/679, General Data Protection Regulation (GDPR) is retained EU law (see Practice Note: Brexit and IP completion day—implications for employment lawyers—Retained EU law) and known as UK GDPR. Together with the parts of the Data Protection Act 2018 that relate to general personal data processing, powers of the Information Commissioner and sanctions and enforcement, as amended, this makes up the UK GDPR regime. The GDPR as it continues to apply in the EU is known as EU GDPR.

This material considers the UK GDPR regime, and legislative links are to Retained Regulation (EU) 2016/679, UK GDPR, except where expressly stated otherwise.

For a more detailed introduction to the UK GDPR generally, see Practice Notes: The UK General Data Protection Regulation (UK GDPR) and The UK General Data Protection Regulation (UK GDPR)—Navigator.

For information on data protection issues in employment generally, see Practice Notes:

  1. The UK GDPR and DPA 2018: key data protection issues for employment lawyers, and

  2. The UK GDPR and DPA 2018: lawful processing of personal data in employment

During the recruitment and selection process, employers will need to process, ie collect, use and record, information about prospective employees or workers (applicants) that will comprise personal data. The employer may also want to process:

  1. special category data (special category data, formerly sensitive personal data), and

  2. personal

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