Interveiws and Data Protection

Swifteaves

I wonder if anyone (HR experts?) could give me some advice regarding data protection/recruitment practices?

Last week I attended a job interview where I was required to bring proof of eligibility to work in the UK. I provided my passport as proof and a copy was taken.

As I was not offered the job, I would like to know whether the company has a right to store my passport information on file. Am I within my rights to request removal?

Thanks in advance.

dmg24

Yes, you are, though if you have not been offered the role they will probably dispose of it anyway.

Premier_2

You can certainly request it's removal/return to you/destruction.

Whether they oblige is another matter. You willingly gave them the information in support of your application to work with them. They can keep it if they want (perhaps they would like to? perhaps its the reason they didn't employ you and want to retain it as evidence in case they face some kind of litigation, etc)?
The DPA only limits what they can do with the information they hold on you (and allows you access to copies of it); it doesn't allow you to decide what information they may or may not retain.

Swifteaves

At present companies are asking for all sorts of information prior to interviews. I guess I will just have to balance this request for data with how desperately I want the job. Many thanks for your responses, it's appreciated.

SarEl

Swifteaves wrote: »

At present companies are asking for all sorts of information prior to interviews. I guess I will just have to balance this request for data with how desperately I want the job. Many thanks for your responses, it's appreciated.

For information - it isn't a request for "data". It is a legal requirement, and all employers should be asking for such evidence - either at interview or before making an offer of a job. If they are not then they are breaking the law. This has been a requirement for some time, and is required to demonstrate that they are complying with the obligation to ensure that all employees are able to work legally within the UK. There are hefty fines for not complying, and even a few large employers have managed to fall foul of the law on this - so many are being extra careful. Many employers destroy the information after interview for unsuccessful candidates and only keep the one appointed (to show that they have checked) - but some are being so cautious that they are keeping them all on file as evidence that they are correctly complying with the law. It isn't neceassray to provide a passport (although some employers only ask for this) - there are a range of alternative documents which are acceptable in law.

Swifteaves

SarEl wrote: »

For information - it isn't a request for "data". It is a legal requirement, and all employers should be asking for such evidence - either at interview or before making an offer of a job. If they are not then they are breaking the law. This has been a requirement for some time, and is required to demonstrate that they are complying with the obligation to ensure that all employees are able to work legally within the UK. There are hefty fines for not complying, and even a few large employers have managed to fall foul of the law on this - so many are being extra careful. Many employers destroy the information after interview for unsuccessful candidates and only keep the one appointed (to show that they have checked) - but some are being so cautious that they are keeping them all on file as evidence that they are correctly complying with the law. It isn't neceassray to provide a passport (although some employers only ask for this) - there are a range of alternative documents which are acceptable in law.

Understood and appreciated. Thank you.

DVardysShadow

SarEl wrote: »

For information - it isn't a request for "data". It is a legal requirement, and all employers should be asking for such evidence - either at interview or before making an offer of a job. If they are not then they are breaking the law. This has been a requirement for some time, and is required to demonstrate that they are complying with the obligation to ensure that all employees are able to work legally within the UK. There are hefty fines for not complying, and even a few large employers have managed to fall foul of the law on this - so many are being extra careful. Many employers destroy the information after interview for unsuccessful candidates and only keep the one appointed (to show that they have checked) - but some are being so cautious that they are keeping them all on file as evidence that they are correctly complying with the law. It isn't neceassray to provide a passport (although some employers only ask for this) - there are a range of alternative documents which are acceptable in law.

As you say, the legal requirement is to see proof of the right to work in the UK. But once they take and keep a copy, they are going beyond what the law requires and the copy is 'data'.

SarEl

DVardysShadow wrote: »

As you say, the legal requirement is to see proof of the right to work in the UK. But once they take and keep a copy, they are going beyond what the law requires and the copy is 'data'.

Actually no they are not. Yes, the copy is data in the same way that anything else is. But the employer is not required to see a passport - they are required to copy the originals of the required evidence as proscribed by law and be able to produce it when and if required. They are not therefore going beyond the law, they are complying with it. The law used to be see - it changed about two years or so ago, might be three. Now it is "hold a copy of". It wa changed because employers were claiming they had seen documents when they had not.

T800

One of the principles of the Data Protection Act is not to keep data for longer than is neccessary. It would be hard to justify why they would keep peoples personal data after they decided they no longer wish to employ them.

Premier_2

T800 wrote: »

One of the principles of the Data Protection Act is not to keep data for longer than is neccessary. It would be hard to justify why they would keep peoples personal data after they decided they no longer wish to employ them.

Unless it's to defend possible litigation for discrimination as previously explained.

T800

Premier wrote: »

Unless it's to defend possible litigation for discrimination as previously explained.

ive never came across that as a legal exemption. A source would be helpful.