This publication will provide information on what personal data potential employers have the right to process from job applicants, as well as what is the term for storing of personal data of job applicants.
What personal data do potential employers have the right to require from job applicants?
Before answering the question, it is necessary to mention that employers are controllers of personal data and in this capacity should comply with the obligations and principles set out in Regulation (EU) 2016/679. One of these obligations is the obligation to provide information (Article 13 of the GDPR), according to which the controller should notify job applicants about the employer’s identification data, the categories of data to be processed by the controller, the legal basis, and purposes of data processing, retention period, data recipients, as well as the rights of job applicants and the ways of exercising of such rights. One of the principles enshrined in the GDPR is the principle of “data minimization”, which means that the personal data that potential employers should require from job applicants must be relevant and limited to what is necessary for relation to the objectives for which the data is processed. What does this mean? This means that job applicants shall be required to provide in the selection process only personal data which is necessary to achieve the specific objective, namely: conducting recruitment and selection procedures. Such data may be:
– identification data of the candidate such as name, surname, and date of birth;
– contact details of the candidate such as e-mail address, telephone number, address;
– data related to education, professional experience, and skills (completed education, participation in additional training, job positions, skills).
What information shall not potential employers request from job applicants?
Employers shall not process and require from job applicants personal data for which there is no legal basis, as well as such data that are not relevant to the process of conducting recruitment and selection procedures. Therefore, employers are not allowed to ask candidates for a photo, PIN, political affiliation, data on religious beliefs, information on marital status, sexual orientation, whether they plan to start a family and children, current remuneration, bank information, a copy of an identity document, driving license and others.
In the event that the job applicant provides information that the employer has not requested or is not relevant to the selection process, the provision of such information is entirely at the discretion of the applicant.
It is important to note that once the recruitment procedure has been finished, the employer has the right to require the bank account of the employee with whom he has concluded a contract in order to pay the remuneration by bank transfer.
The term for the storage of personal data of job applicants
The employer undertakes to keep the primary documents (CV, cover letters, and other documents proving specific experience, such as knowledge of the language) for no longer than 6 months from the moment of final completion of the recruitment procedure. These documents should then be destroyed. The employer undertakes to keep the secondary documents (these are all those internal documents that are related to the conduct of recruitment and selection procedures provided by the employer, such as tests, minutes of interviews, and the like) for a period of three years, which requirement is enshrined in Article 52 of the Law on Protection against Discrimination.
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Legal Disclaimer: This material prepared by Krasimira Kadieva aims to provide information on what personal data potential employers have the right to process from job applicants, as well as what is the term for storing of personal data of job applicants. It does not constitute a legal opinion and cannot be interpreted as individual consultation on any concrete facts or circumstances. The advice of a legal specialist should be obtained for specific questions and situations. For more information on the above-mentioned issues and individual consultations, please contact Krasimira Kadieva at 00359 882 308 670 or make an inquiry using the contact form of this website.