Can a potential employer obtain candidate’ data from social media?

During the recruitment process remember that as an employer you can only ask the candidate for specifically indicated personal data – for more information, read our article!

Nowadays, due to the development of the information society, potential employees create their image on Internet portals. They publish a huge amount of private information. However, it does not mean that as an employer you can use such data in the recruitment process.

During the recruitment process, it is important to remember that it is unacceptable for employers and recruitment agencies to collect information posted by job applicants in social media and other public sources.

The situation is slightly different when the candidate is verified by the employer through a portal created for the purpose of job searching (e.g. LinkedIn), whose Regulations or Privacy Policy requires the consent to the processing of personal data (Article 6 of GDPR). Before potential candidates start using the services offered by such portals, they must read the Regulations and Privacy Policy and “accept” these documents. Typically, the use of such social media also involves the obligation to provide certain personal information. Otherwise, it will not be possible to set up an account and the data you submit will not be shared with potential employers. In this case, the employer may obtain, collect and share the data of portal users/candidates.

Author: Justyna Tofil, Office Coordinator at Kołecka Law Firm