In the article “Applicant data protection and recruiting in focus”, the Hamburg Commissioner for Data Protection and Freedom of Information (HmbBfDI) examines current developments and challenges in the area of recruitment and shows how important it is to comply with data protection regulations in view of the large amount of sensitive data in application documents.
In addition to the effects of the European Court of Justice’s recent ruling on employee data protection in Germany, the position paper offers a comprehensive overview of the current status and legal aspects of applicant data protection. Particular attention is paid to the data protection rights of applicants, the need for clear definitions and uniform terms in the recruiting process, the requirements for data storage in talent pools and background checks.
In the last part, the use of AI in the application process, including resume parsers and emotion analysis, is examined in terms of data protection challenges. Emotion analysis is generally classified as inadmissible, while resume parsers may be permitted under certain conditions. The outlook shows that the use of AI in recruiting will continue to increase, which requires strict data protection measures to minimize legal risks and gain the trust of applicants.
