Headache

As a human resources manager I carry out numerous interviews throughout the year and usually retain CVs on file regardless of whether the applicant is suitable for the job or not. I’ve been advised that this is not good practice. Can you tell me more?

Remedy

It is common practice to retain details on file on the basis that a further job opportunity may become available and, although this is not a problem in itself, you should advise the applicant that you intend to do this.

Data protection issues may arise if the paper CVs are kept (or are going to be kept) on a highly structured file or if they are held on soft copy.

If you are a public sector employer, the structure of the paper filing system will not be relevant as of next year. Every employer should have a clear policy in place which states how long details will be retained before being destroyed.

If an applicant’s details are kept for an unspecified time, a danger exists that they will be kept for longer than necessary in breach of one of the data protection principles.

The Information Commissioner suggests that different timeframes apply to applicants who have been short listed and those who have not.

As a general point, the personal data obtained from applicants should not be used for any purpose other than the recruitment process.

You should not, for example, market your products to these individuals or sell their data on to a marketing company.

The data protection laws aim to maintain a balance between the rights of individuals to privacy and the ability of third parties to process information about them.

David Mallon, MacRoberts solicitors