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Data Protection Index

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Codes of Practice

Code 1  Recruitment and Selection

Code 2  Employment Practices

Code 3 Employee monitoring at work

Code 4 Information about worker's health

 

  • Respondents to advertisements should be told  before they apply, the identity of the employer.

  • If a company is using an agency to represent them the agency should inform the applicant the name of the employer before passing on information.  The agency should only pass on relevant information to the potential employer.

  • During the employment process employers should only seek information that is required for that stage in the employment process.  This means a general application form designed for those who progress further in the selection process should not be used.

  • Applicants should be given information about the use their application data will be used for apart from the immediate job they are applying for.  This means that agencies and employers who keep a data base of applicants for future use (electronic or paper) must obtain applicants authority for such a use.

  • Sensitive personal data (racial origin, criminal convictions, health records) is likely to be collected as part of the recruitment process.  In many case candidates may volunteer that data without it being requested.  Employers must gain explicit permission from the candidate to collect and use that information.  It should be used only on a 'need to know' basis during the employment process.  It is very unlikely that recruiting managers will need access to any sensitive information when coming to a selection decision.

  • Candidates should give their authority for reference checks.

  • If selection tests are used the test must be relevant to the job, the test data set must be verified statistically.  Anyone using the tests must comply with the British Psychological Society guidelines.

  • Employers are not required to give access to confidential references they provide.  But if they receive such references they are obliged to give access to the data held provided it does not identify a third party (see access paragraph below).

  • Recruitment records of unsuccessful candidates should be destroyed three months from the date of the decision.