Thursday, 21.02.2019

RODO in recruitment

Acquisition and processing of personal data

        When applying for a job, a number of information required by employers should be provided. However, the RODO and the Labor Code regulate data that the employer may require and which he may not. According to art. 221 § 1 among the data necessary for employers include:

- first name (first names) and last names
- parents' name
- date of birth
place of residence / mailing address
information about education
history of previous employment

       Of course, the employer may ask for disclosure of other data which is in his opinion necessary for recruitment and possible subsequent employment. This information may concern, for example, financial expectations or the criminal record information. It is also allowed to require documents such as a medical certificate on the absence of contraindications to perform work on a given position, or a certificate of having professional qualifications necessary for its performance. Yet the acquisition of information is not everything, it is also necessary to have a legal basis for their processing. You can do it based on:

- regulations of the Labor Code
- special provisions
- additionaly obtained consent of the candidate
legitimate interest of the administrator 

        Any legally acquired data can therefore be processed, however only once, as part of the recruitment process for a specific position in a particular company. If you want to process data in subsequent, further processes, you will need to obtain the consent of the candidate again. According to RODO, the employer should also be able to show when and for what purpose he received the consent, so it is good to keep an appropriate register.

Research rights

        As it was mentioned the employer has a right to ask for additional information. However, the candidate also has the right to refuse to grant it. In this situation, the recruiter has no legal opportunity to get it on his own. Yet, what does it actually mean? In fact, it means exactly that the recruiter has no possibility to obtain data about the recruited, potential employee in any other way than with his consent or intermediation. Employers, therefore, can not contact former employers of the recruited (without his consent). You can not also screen recruits in social media; and any, even accidentally found information on platforms such as Facebook, Instagram, Twitter, or LinkedIn can not be used in the recruitment process.

The candidate’s perspective

        The candidate, as the owner of personal data, has the right to access these data, obtain copies of them, rectify them and delete them. The applicant also has the option of limiting the processing of information provided by him or her, objecting to its processing and transferring it to another administrator. The candidate also has the right to lodge a compaint with the President of the Office for the Protection of Personal Data. Employers have a duty of respecting the rights of present, future and past applicants. An exception to this obligation would be, for example, cases in which court proceedings are pending and the candidate's data are evidence in the case. Fortunately, the employer is entitled to a certain notice within which he must respond to the recruitment's demands. This time gives him the opportunity to take appropriate steps before making a decision on whether or not to fulfill certain requests. These may include such things as verification of the applicant's identity, analysis of the claim and its validity.

RODO ordinance and reality

        The introduction of the new regulation resulted in the creation of new rights and facilities, which on the surface may seem to complicate the work of recruiters. However, as in all cases, when we are dealing with legal issues - awareness is the key. Being familiar with the limitations and possibilities related to the GDP, the process of finding and hiring new employees does not have to be much more confusing than it was before. However, in the event of any difficulties or doubts, you can reach for available onthe market useful tools that will improve the recruitment process or use the help of companies specializing in this topic. One more important thing to keep in mind is to make all parties involved aware of the new principles of recruitment, including the collection and processing of personal data. In most cases, candidates are willing to cooperate, as long as the conditions are clearly stated.