Using social media is widespread among individuals and it is quite common that the public can see user profiles depending on the settings selected by the account holder. Employers may, therefore, believe that it is justified browse profiles of potential candidates on social media during recruitment. This may also be the case with other publicly available information about potential employees. However, employers should not assume that they are allowed to process the data for their own purposes simply because another profile is publicly available on social media, as stated under Article 29 issued by Working Group on Data Protection.
There must be a legal basis for such processing, such as a legitimate interest. In this context, before browsing a social media profile, the employer should take into account whether the candidate profile on the social media is intended for business or private purposes, as this may be an important indicator of the legal admissibility of browsing data.
In addition, employers are only allowed to collect and process personal information related to candidates for employment to the extent that the collection of that information is necessary and relevant to the job the candidate is applying for.
The data collected during the recruitment process, in principle, should be deleted as soon as it becomes clear that the company will not offer a job or that a potential candidate will not accept it.
It is essential that the individual is well informed of any such data processing prior to the recruitment process as outlined in Opinion 249 of the Working Group. Also, there is no basis on which an employer can require a potential employee to accept him or her as a "friend" or otherwise access his or her profile content. Also, there are no grounds under which an employer may require potential employees to accept him or her as a „friend“; or that they in some other way provide access to the content of their profile to the employer.
Due to the existence of profiles on social media, employers have (or can) obtain technical dispositions to constantly check employees by gathering information about their friends, opinions, beliefs, interests, habits, trends, attitudes and behaviors, and thus can access information, sensitive ones included, concerning the private and family life of employees. Consequently, browsing profiles of employees on social media should not be implemented. In addition, employers should refrain from requiring employees or job applicants to give them access to information they share with others on social networks. Furthermore, employees should not be required to use a profile on social media provided by their employer, not even when explicitly essential for their tasks (eg organization spokesperson), they must be able to use a "non-business" profile that is not public instead of an "official" employer-related profile, and this should be stated in the terms of the employment contract, as stated by Working group. For example, one may keep track of former employees: During the clause prohibiting the market competition , the employer keeps track of the profiles of former employees covered by those clauses on LinkedIn. The purpose of this monitoring is to determine compliance with these clauses. Follow-up is limited to these former employees. As long as the employer can prove that such monitoring is necessary to protect his or her legitimate interests and that there are no other, less invasive means, and that these former employees are adequately informed about the extent of regular monitoring of their public communications, the employer can invoke their legitimate interest.
ABSTRACT
• Employers should not assume that they are allowed to process the data just because someone's profile is publicly available on social networks;
• data collected during the recruitment process should be deleted as soon as it becomes clear that the company will not offer a job or that potential candidates will not accept it;
• the employer can not require the prospective employees to accept him or her friend or that they in some other way provide access to the content of their profile to the employer;
• it is permitted only the collection and processing of available personal data related to job applicants to the extent that the collection of such information is necessary and relevant to the job for which the candidate is applying and that the candidate has been clearly informed of such processing and has not objected or limited such processing;
• information collected during the recruitment process should be deleted as soon as it becomes clear that the individual will not be offered a job or that he or she will not accept it;
• the employer cannot require the potential employees to accept him/her as a "friend" or otherwise allow him / her access to the content of their profile;
• Employees should not be required to use a social media profile provided by their employers.
