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How is JobScore preparing to help employers with GDPR Compliance?

The General Data Protection Regulation (GDPR) gives EU residents more control over their personal data. The GDPR applies to any company that does business in the EU and collects personal data from prospects, employees and candidates who reside in the EU.

Adopted by the European Parliament in April 2016, the GDPR will start to be enforced on May 25, 2018.  Non-compliance with the GDPR can result in fees of up to €20 million or 4% of global annual revenue - so your company needs to be ready!

The GDPR creates new obligations for your company to help individuals control the personal data you collect about them.  This includes the hiring data that is housed in JobScore, so we have analyzed our platform to help you mitigate risk.   We are actively preparing to help our customers comply with the GDPR.

This article includes JobScore’s position on the GDPR and our plans to provide tools to manage candidate data to help our customers be compliant.  Everything in this article is for general information purposes only, and does not constitute legal advice.

In the coming months you’ll likely need to establish internal procedures and policies for GDPR compliance and we are committed to helping you in that effort.  If you have questions after reading this article, please have your attorney email gdpr@jobscore.com.


Definitions

The GDPR specifically defines the actors in data privacy.  Here’s our take on who is who:

  • Data Subjects: Candidates, because they are the ones whose data is being shared. (and your employees residing in the EU who use JobScore, but that is not discussed here).
  • Data Controller: Your company, because you own your data and “determine the purposes and means of the processing of personal data” - meaning you decide what data to collect, how to process it and when to delete it.
  • Data Processor: JobScore, because we process data on the behalf of many companies according to their specifications.

The GDPR gives rights to data subjects.  This creates compliance obligations for data controllers and the data processors who serve them.  For more detail about these definitions, please refer to the full text of the GDPR here >>


Individual Rights

The GDPR can be most easily understood as a series of rights for individuals (data subjects) that companies (data controllers) must support.  Individual rights include:

Right to Notice

According to GDPR Article 12 (1) data controllers must have a “concise, transparent, intelligible and easily accessible” policy that uses “clear and plain language” about how you handle individual’s personally identifiable information.

According to GDPR Article 13 you must show the policy to people when they share their information with you (when candidates apply for a job).

According to GDPR Article 14 when your company collects information on people, you need to share your data policy with them “within one month” (this applies to candidates you add to JobScore in any way other than the individual adding their own information directly to the system)

JobScore Approach

As a data processor, we assert that you (the data controller) need to clearly and concisely document exactly what you do with people’s personally identifiable information to meet the requirements of Articles 12-17.  Our opinion is that this will likely not only be in your company’s privacy policy but also a separate “plain English” document that we refer to as your “recruitment data privacy statement.”

We recommend that you engage an attorney to help guide you through the necessary privacy decisions and have them draft this document.  The decisions that you make regarding your policies will impact how you remain compliant and support the individual rights described herein.

To ensure compliance with Article 13 we recommend that you publish your recruitment data privacy statement on your own website.  In addition, JobScore will make it easy to present this policy to candidates at the time of data collection (when they apply for a job) using the “click through agreement” feature in your global careers site settings. When you activate this feature and paste in the text of your recruitment data privacy statement, it will be shown to all candidates before they can access the job application form where they enter their personal information.  

Alternatively, you may choose to include a link to your recruitment data privacy statement in relevant job descriptions. The clickthrough agreement  method is preferred because it guarantees that every applicant will be exposed to the full text of your statement. Also, HTML links are not supported on some job boards, so you’ll want to include the complete URL of your privacy statement, not linked text.

Compliance with Article 14 requires you to send notifications to candidates that are added directly to JobScore.  We recommend that you work with your attorney to craft an email to send to sourced candidates. JobScore makes it easy to send this email to candidates using our email templates feature.  To comply, create this email template and send it to everyone that you add to your JobScore account.

Right to Access & Data Portability

According to GDPR Article 15 people have the right to know what information you have on file about them.  This means that if an individual asks for it, you need to give them a copy of their information.

Furthermore, according to GDPR Article 20 this data must be in a format where it can easily be transferred between systems so it is "portable."

JobScore Approach

Today you can download both candidate resumes and fielded candidate data from JobScore.  We are adding functionality to streamline downloading an individual candidate’s personal data (like the candidate’s name, phone number, email and current employer / job title) as a .csv file prior to the May 25, 2018 deadline.

This .csv file will meet the requirement of the data subject’s information being easily portable to other systems.

Right to Rectification

According to GDPR Article 16 people have the right to have you update and correct any incomplete information you have about them.

JobScore Approach

Rectification requests will be handled in a similar way to access requests.  JobScore provides the ability to edit candidate records and tracks the fact that edits took place.  After you make edits, you’ll be able to download the candidate’s updated data as a .csv file to send to them to verify that requested edits were made.

Right to Erasure (aka Right to be Forgotten)

According to Article 17 people have the right to request that their data be removed, so you’ll be required to erase a candidate’s personal data when they ask you to.

Article 17 also states that you must have a data retention policy (an erasure policy) and that it must be included in your recruitment data privacy statement.

JobScore Approach

Requests

Today account administrators can delete candidate profiles in JobScore. So, if you receive an erasure request, visit the candidate’s profile and click on the “x” button in the upper right hand corner of the page and all information about the candidate will be purged from JobScore.

Data Retention Policy

Your Recruitment Data Privacy Statement must document your data retention policy, but the GDPR does not define specific guidelines.   The only guidance afforded is that personal data should be stored “no longer than is necessary for the purposes for which the personal data are processed.”

At JobScore we believe that collecting personal data for hiring is a “legitimate interest” (see consent, below) and personal data is incredibly useful and should be preserved.  The purpose of the JobScore system is not just to collect applicants and select someone to hire… we also analyze and report on recruiting data to help your company get better at hiring.

We recommend that your data retention policy be to never delete personal data about candidates. Here are few examples of why:

  • Name and contact information:  It is commonplace in recruitment to reconsider and re-interview candidates for newly opened positions.  Simply, just because someone wasn’t good for one role doesn’t mean they won’t be great for a different role in the future.  If a person’s name and contact information are erased, how would you find them and contact them again?
  • Work and education history: JobScore is specifically designed to help customers refine their understanding of the “right fit” for new jobs based on past recruiting activity.  Specifically looking at who was considered for past roles - and who did well and who didn’t - is an excellent indicator of who might be appropriate for a newly opened job.  If the work and education history of past candidates are erased it would be impossible to build better talent profiles and hire the best candidate.

Hence, we not only recommend having a data policy where personal data is not deleted as it ages, but that you state in your uses of data that:

  1. Data will be used to create talent profiles
  2. That you will analyze data in aggregate to improve your ability to find and hire great people
  3. That you may choose to contact candidates about other employment opportunities in the future.

Despite our recommendation, we recognize that some of you will choose to have a policy of automatically deleting hiring related personal data either because your country has more stringent erasure requirements, or your legal team recommends it.

For this reason we plan to build a feature that automatically deletes candidate personal data based on specific rules.  Ideas we are considering include:

  • the age of the record (more than 1 year old)
  • the status of the job application (declined)
  • the status of the job (job is filled or closed) and more.  

If your firm wants to programmatically delete candidate personal data as part of your GDPR program, please email us at gdpr@jobscore.com to ensure we can meet your needs prior to May 25, 2018.

Erasure mechanism

Our current “purging” approach to data erasure is problematic in terms of maintaining data quality and getting full value out of JobScore’s reporting features, especially in the context of programmatic candidate profile deletion.

For this reason JobScore is investigating adding a second approach to erasure where personal data is made anonymous but some aspects of records are preserved for reporting purposes.   It will be up to you which data erasure approach you use for your account.

Right to Object

According to Article 21 people have the right to object to their personal data being processed for direct marketing and related profiling purposes.  This means they have the right to request that you no longer send them emails or otherwise solicit them (effectively “opting out” of future communications).

JobScore Approach

JobScore does not support sending marketing email or other direct solicitation communications.  The JobScore interface only permits you to send emails to candidates about specific job opportunities (transactional emails which we consider a “legitimate interest”).  Sending product marketing or general newsletter emails through JobScore is not supported.

If we add marketing features to the JobScore platform in the future we will support this “right to object”  as an opt-out. Today, if a candidate communicates that they object, we recommend erasing their candidate record (see Right to Erasure, above).

We do not recommend that you export data from JobScore to other systems to send marketing emails unless you specifically include this practice in your recruitment data privacy statement.  If you choose to do this, we recommend you manage objection requests from data subjects (requests to opt out) in the system you choose to send marketing communications, not JobScore.


Data Controller Responsibilities

Consent

A common misconception about the GDPR is that data controllers will need to “secure consent” from data subjects to process their data.  GDPR Article 6 “Lawfulness of Processing” states that data can be processed for the “legitimate interests” of the data controller.

Collecting resumes and other relevant personal information is a “legitimate interest” of a company trying to evaluate and hire candidates. Simply put, candidates expect that you'll need to review their personal information to consider them for job opportunities. While companies DO need to notify candidates of their data processing practices and respect their rights, they DO NOT need to collect consent to do so.

JobScore Approach

We do not currently have plans to build a specific feature to collect and store consent from candidates.   If your legal team disagrees with our opinion, we’re sorry to hear that - it’s going to make it a lot harder for you recruit people.

Notice

Article 6 of the GDPR states that companies are required to provide notice to data subjects whenever they collect personal data. In the notice, companies need to identify the lawful basis for processing personal data, processing practices and your data retention policies.

We recommend that you engage legal counsel to draft your recruitment data privacy statement and corresponding data privacy  procedures. A layman’s overview of what to include in your statement and a few best practices are outlined in our GDPR checklist for HR & recruiters.

JobScore Approach

What’s important is that JobScore can’t write your recruitment data privacy statement or set data privacy procedures for you. You are responsible for creating your recruitment data privacy statement and making it public. Here's what JobScore will do to help you with notification:

  • Make it easy to display your statement to every job applicant using our click through agreement feature
  • Make it easy to create an email template to send to every candidate whose information you directly add to the system.

Request Management

According to the GDPR your company must provide an easy way for data subjects to request access, rectification or erasure of their personal information.

JobScore Approach

JobScore will not help you manage inbound requests from data subjects.  We recommend that you create a dedicated email address to gather these requests and include it in your recruitment data privacy statement.  Furthermore, we recommend you document internal procedures about how requests will be handled and how to perform necessary actions in JobScore and other systems to address them.

Response Management

According to GDPR Article 12 (3): “The controller shall provide information on action taken on a request under Articles 15 to 22 to the data subject without undue delay and in any event within one month of receipt of the request.”   This means that if people ask for access, rectification or erasure, you need to tell them that you did it.

According to Article 12 (4) you also need to let them know if you didn’t do anything (likely because you don’t have a record to share, update or erase).

JobScore Approach

While JobScore will create a downloadable .csv with the data subject’s information for you to share, we will not automate the sending of this information to the data subject ... but you can do this on your own.  We will also not automate communication regarding erasure events.

This is is because the domain of the GDPR is broader than just the information housed in the JobScore system.  Requests may require gathering, editing and deletion of of data across multiple systems to successfully honor requests from data subjects.

For this reason we recommend that you create a single email inbox to process all data subject requests and send all responses from the same email account.  This will generate a record of requests and responses in a single repository.

Processing Record

According to GDPR Article 30 companies with more than 250 employees are required to maintain records of their processing activity.

JobScore Approach

Prior to May 25, 2018 JobScore will document what data we process and how we process it per GDPR Article 30 (2) on this page.   As a reminder, data controllers must document their data collection and processing practices in their Recruiting Data Privacy statement to be compliant.


Data Processor Responsibilities

Data Security

According to GDPR Article 32 data controllers and processors must apply a reasonable level of security to the data collected against loss, unauthorized changes, or data breach.  

JobScore Approach

JobScore maintains a comprehensive information security program that is summarized in our public Security Statement.

International Data Transfer

JobScore’s servers are located in the Amazon AWS cloud in the United States.  GDPR Article 46 outlines the safeguards that must be in place for the exportation of personal data outside of the European Union.

JobScore Approach

JobScore has a two-pronged approach to meeting the safeguards mandated by the GDPR:

  1. Privacy Shield: JobScore maintains EU-US and Swiss-US Privacy Shield certification (and prior to the Privacy Shield program, maintained Safe Harbor certification).  This certification commits JobScore to the protection of personal data transferred to and stored on servers in the US at levels conforming to GDPR requirements.  This certification and its consequence are detailed in JobScore’s Privacy Policy.  Our participation in the Privacy Shield program and public notice thereof constitutes sufficient notice and description of our commitments to the transfer and processing of personal data outside the EU.
  2. Data Processing Addenda:  If your legal team wants contractual commitment between your company as data controller and JobScore as data processor, JobScore will be happy to provide our Data Processing Addenda that establishes the same commitments and principles covered by the Privacy Shield program. Please email gdpr@jobscore.com to request a copy.

Conclusion

Thought it creates additional work and risk for data controllers and processors, the GDPR feels like a great step towards helping individuals secure their privacy rights.  

We look forward to working with the JobScore community to help you define, refine and execute your data policies.

As a reminder, everything included in this article is for information purposes only and is not legal advice.  To author your firm's data policies and statements, and for formal advice on compliance requirements, we recommend that you hire professional legal and compliance experts.

Please email gdpr@jobscore.com if you have any questions or comments about the content herein.

Last updated: March 29, 2018

 

 

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