Can an unsuccessful applicant request an employer/recruiter to provide records about him/her according to GDPR? [closed]

manpreet Best Answer 2 years ago

Under the GDPR right of access, [t]he controller shall provide a copy of the personal data undergoing processing. During and possibly after the interview process, an employer or recruitment agencies holds data related to job applicants, including unsuccessful ones. That data may include more or less structured notes relating to each applicant. Such notes may be of interest to unsuccessful candidates for the purposes of feedback, which employers may or may not be willing to give.

Does GDPR mean that employers or recruitment agencies must provide such notes, insofar as they relate to the applicant, in response to a subject access request (SAR) from a rejected applicant — effectively providing unsuccessful job applicants with the right to some feedback in situations where this information is retained?

See also:

• Can a candidate request an employer to delete pre-employment records about him according to GDPR?

• Under GDPR right of access, do I have the right to receive a copy of scoring sheets / evaluation forms after a structured job interview?

manpreet 2 years ago

The GDPR right of access concerns access to your personal data, not the notes taken with respect to that data. The documents can be requested as per Article 15, but the company reserves the right to redact or otherwise censor the information so long as it does not redact, remove, or otherwise censor the personal data being requested. (For example, I request my application summary after an interview. They must provide what information they passed on as concerns my resume, work experience, etc. but they are not required to share what they thought of my mannerisms, smell, etc.)

As an afterthought, the wording of Article 15 is somewhat ambiguous. I stand by my answer as is, given it's the most likely interpretation, but that may change based on actual, real-world cases reviewed by professionals far more informed and competent than I.