keeping your details on file

Our man in Havana · 12-09-2003 8:21pm #1

Went for a job interview recently didnt get it. Got the "we will keep you on file" line.

Is it legal to keep your details on file? I dont think so as I have not consented to the retention of data.
The data protection act 1988-2003 states that information can only be stored until for as long as nessasary. I didnt get the job so they should destroy the cv etc.

What do you guys think?

James

Stephen · 12-09-2003 8:38pm

I think the idea of keeping your details on file is for the possibility of contacting you if another suitable vacancy becomes available, rather than anything evil.

Our man in Havana · 12-09-2003 8:44pm

I dont want to be contacted about other vacancies.

Capt'n Midnight · 12-09-2003 8:46pm

Data protection act is mainly concerned with protecting data being seen by the wrong people on a computer screen. As such paper isn't really covered cos it can be locked away.

You could send them a note. But there is nothing stopping them keeping a record of the fact that you requested your CV be destroyed and I suspect human nature being what it is there would not be any point in sending in a CV to them ever again.

They could argue however, that they need to keep your CV on record in case you re-apply so they can compare the two , to see if you are lying, - sorry I mean to see how your career has developed and your interpersonal skills have improved since te first one.

Rmemeber the main reason we have a data protection act is because the US demands it of it;'s trading partners , that and Eu regulations we signed up for.

Also if they were cheeky they could charge you the going rate (how much do the Gov;t charge ?) to see if they have your CV is still on file.

In reality filing cabinets cost money so it will probably get dumped after 6 months or whatever the timescale is - this of course they arent sending you a PFO and only pretending to hold your CV rather than tell you the truth about your chances of getting a job there.

Though this could be a business opportunity - you could look up the law on this and advise companies - or hound companies on behalf of job seekers ...

Our man in Havana · 12-09-2003 8:48pm

The new Data protection act no w covers paper files

flywheel · 12-09-2003 9:41pm

Originally posted by Bond-James Bond
I didnt get the job so they should destroy the cv etc.

What do you guys think?

ask them to not keep it on file then?

Our man in Havana · 13-09-2003 11:17am

Originally posted by Capt'n Midnight
Data protection act is mainly concerned with protecting data being seen by the wrong people on a computer screen. As such paper isn't really covered cos it can be locked away.

You could send them a note. But there is nothing stopping them keeping a record of the fact that you requested your CV be destroyed and I suspect human nature being what it is there would not be any point in sending in a CV to them ever again.

They could argue however, that they need to keep your CV on record in case you re-apply so they can compare the two , to see if you are lying, - sorry I mean to see how your career has developed and your interpersonal skills have improved since te first one.

Rmemeber the main reason we have a data protection act is because the US demands it of it;'s trading partners , that and Eu regulations we signed up for.

Also if they were cheeky they could charge you the going rate (how much do the Gov;t charge ?) to see if they have your CV is still on file.

In reality filing cabinets cost money so it will probably get dumped after 6 months or whatever the timescale is - this of course they arent sending you a PFO and only pretending to hold your CV rather than tell you the truth about your chances of getting a job there.

Though this could be a business opportunity - you could look up the law on this and advise companies - or hound companies on behalf of job seekers ...

As the new act covers paper files you can ask them for a copy of all info they hold on paper as well as computer. You can get the notes they make at interview about you. Not a lot of people know that and they get a shock if someone tries to get them. The days of employers holding on to tons of cv's is gone. The act says "They (data holders) must not retain it for longer than is nesscessary for the purpose it was given" I see it as you apply for a job you dont get it they must destroy it.

my 2 cents

Capt'n Midnight · 13-09-2003 11:49am

/me fires up the shredder ....

flywheel · 13-09-2003 2:25pm

Originally posted by Bond-James Bond
I see it as you apply for a job you dont get it they must destroy it.

some people might like it to be kept on file in-case something does turn up - rare but it can happen

if you don't want it kept on file then just let them know - maybe a polite request that you'd prefer them not to keep a copy of your CV would sort it all out (rather than quoting your interpretation of the data protection act at them?)

Our man in Havana · 13-09-2003 2:44pm

Originally posted by DubWireless
some people might like it to be kept on file in-case something does turn up - rare but it can happen

if you don't want it kept on file then just let them know - maybe a polite request that you'd prefer them not to keep a copy of your CV would sort it all out (rather than quoting your interpretation of the data protection act at them?)

I have emailed the data protection commisioner to get his interpretation on it.

ando · 13-09-2003 4:28pm

I have emailed the data protection commisioner to get his interpretation on it.

have you asked them to delete your CV yet? I think your getting rather over excited over this

xern · 13-09-2003 6:41pm

I got the same think yesterday.
Went for the interview but did'nt get the job!! they rang me back saying they was someone with better experience blah blah blah...that i did a great interview and they wanted to keep my cv on file as they would consider me for the role in the future if it came up!!
I think its the usual thing they tell you when you don't get the job!
I have no problem with them keeping my cv though as i would like to work for this company!

eth0_ · 16-09-2003 11:17pm

Originally posted by ando
have you asked them to delete your CV yet? I think your getting rather over excited over this

I agree!
The classic PFO (please f*ck off) letter contains the line 'we will keep your details on file'. I'm sure they almost never do!
And if, a few months down the line, they contact you and offer you a well paid job, are you going to tell them to stick it because they kept your details on file?

Just contact them and tell them you're not interested in working with them, and get a life!

BuffyBot · 17-09-2003 8:25am

Originally posted by Bond-James Bond

What do you guys think?

Apart from thinking that quoting the Data Protection Act at the company will do nothing except give the girls in HR a good giggle over coffee afterwards, I think that a polite, simple request over the phone is more than sufficient.

Our man in Havana · 17-09-2003 8:29am

Originally posted by BuffyBot
Apart from thinking that quoting the Data Protection Act at the company will do nothing except give the girls in HR a good giggle over coffee afterwards, I think that a polite, simple request over the phone is more than sufficient.

They wont be giggling when they get a District Court summons for breaches of the Data Protection Act. Employers have been getting away with this for far too long.

flywheel · 17-09-2003 8:47am

Originally posted by Bond-James Bond
They wont be giggling when they get a District Court summons for breaches of the Data Protection Act. Employers have been getting away with this for far too long.

have to ask, are you taking the p155 or really being serious?

Our man in Havana · 17-09-2003 8:50am

I am serious. Employers that advertise fake jobs to harvest CVs. It turns out the job I applied for never existed. Wasting my time and petrol.

Anyway, the company in question is a particularly nasty piece of work and they deserve it.

flywheel · 17-09-2003 9:00am

Originally posted by Bond-James Bond
I am serious. Employers that advertise fake jobs to harvest CVs. It turns out the job I applied for never existed. Wasting my time and petrol.

ahh - you didn't mention that bit of info before

i thought that was the shady world of recruitment agencies rather than regular companies though?

eth0_ · 17-09-2003 11:02am

Originally posted by Bond-James Bond
I am serious. Employers that advertise fake jobs to harvest CVs. It turns out the job I applied for never existed. Wasting my time and petrol.

Anyway, the company in question is a particularly nasty piece of work and they deserve it.

Oh would you give it up! Please! Harvesting CV's! What the hell for? What do you think they're going to do with your CV? You are *seriously* paranoid, and it would seem, full of sour grapes because you didn't get that job. You go to any solicitor with a case like this and they'd laugh themselves silly. Many companies advertise jobs when they already have an internal applicant they have in mind for the job. They're not breaking the law doing this. In fact, if they didn't advertise they job they *WOULD* be breaking the law!

Get over yourself, get a life and think of the time you're wasting whining on here about something so insignificant when you could be job hunting. Sheesh.

Our man in Havana · 17-09-2003 11:27am

Many companies advertise jobs when they already have an internal applicant they have in mind for the job. They're not breaking the law doing this. In fact, if they didn't advertise they job they *WOULD* be breaking the law!

Ok then if thats the case then they would send everyone the PFO letter and not waste peoples time and money.!

The Brigadier · 17-09-2003 12:11pm

Just so you know Employers are legally required to Hold onto CVs and interview notes for 1 year after an interview.

WhiteWashMan · 17-09-2003 12:34pm

ive had recruiment agencies phone up my mums house in dublin asking if i am interested in doing some line assmebly job for about 5 bucks and hour, because i was still on their data base as activly seeking a job.
i did that crap work about 8 years ago. still, its all about the number of calls you make i guess.

The Brigadier · 17-09-2003 12:41pm

That is the thing with agencies...some are good...some are bad..

sunbeam · 17-09-2003 1:18pm

It's an extreme annoyance all right, but in some cases the internal applicant does not get the job.

In others they are still interested in building up a 'panel' of potential employees-I've been offered three jobs a few months after being told my details would be kept on file. Another time I saw the job readvertised a few weeks later....

WhiteWashMan · 17-09-2003 1:40pm

to be fair, just because you dont get a job, doesnt mean it has been filled up by someone else.
it could be that at the end of the day, there was no one suitable.
although i think we all know agencies have, and still do harvest CV's (not all agencies mind...) it is not always the case that an agency or copmpany is doing this perticular time (or any perticular time)

Our man in Havana · 17-09-2003 5:29pm

Originally posted by James Melody
Just so you know Employers are legally required to Hold onto CVs and interview notes for 1 year after an interview.

Why? Their purpose would have long ended.

The Brigadier · 17-09-2003 6:55pm

The reason is if you make an allagation of discrimination against an interviewer, they will be asked to show a court what notes they had taken during an interview, and the CV.

This can occur up to 1 year from interview, according to the Statute of Limitations

Our man in Havana · 17-09-2003 7:34pm

Originally posted by James Melody
The reason is if you make an allagation of discrimination against an interviewer, they will be asked to show a court what notes they had taken during an interview, and the CV.

This can occur up to 1 year from interview, according to the Statute of Limitations

Very interesting to hear that. I would assume that under the new act someone could request a copy of said notes?

eth0_ · 17-09-2003 9:46pm

Originally posted by Bond-James Bond
Very interesting to hear that. I would assume that under the new act

You're not doing anything to disuade my theory that you are suffering from 'sour grapes', chief.

I'm sure you can request them, the DPA works both ways.

Our man in Havana · 17-09-2003 9:55pm

Originally posted by eth0_

Originally posted by Bond-James Bond
Very interesting to hear that. I would assume that under the new act

You're not doing anything to disuade my theory that you are suffering from 'sour grapes', chief.

I'm sure you can request them, the DPA works both ways.

No sour grapes. Actually got a better job offer on Friday way above the other place plus its only 3 miles from the house. Excellent. Just dont like been messed around by bad employers/agencies.

How do you mean the DPA works both ways?

The Brigadier · 18-09-2003 8:38am

You can only seek a copy if the notes are held digitally.

If the notes are hand written and filed, you have no right to request them.

Our man in Havana · 18-09-2003 9:24am

Originally posted by James Melody
You can only seek a copy if the notes are held digitally.

If the notes are hand written and filed, you have no right to request them.

The 2003 ammendment act now covers paper files.

keeping your details on file

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