Can i request my information held by recruitment agency about me?

ciarano

Can i request my information held by recruitment agency on file about me?

thebiglad

https://www.dataprotection.ie/docs/Accessing-Your-Personal-Information/r/14.htm

ciarano

Many thanks the Big Lad

razorblunt

Timely thread.

I had a recruiter contact me about a role that looked interesting, unfortunately the timing is poor but probably something I'd be interested in a couple of years down the line.

Sent him a "thanks but no thanks" and he replied with the usual "no problem, send us an updated CV so we can update your profile etc etc".
No I've never dealt with them before, was he just chancing his arm looking for my CV or what?
I did question him on this and he backed right off saying there is no CV in file, would they scrap Linked In to make a profile on you?

This is in the UK, not Ireland, if it makes a difference.

starshine1234

This query raises an interesting point.

Some personal information is protected or privileged.

It is usually medical information, or legal information. But it is possible that employers have provided feedback to the employment agency, about the OPs performance. This may have been provided in confidence and it may be protected under the data protection act.

I think they have to tell you about the existence of the protected information, even if they intend to refuse to provide it on the grounds that it is privileged.

They must do this so that you can challenge their assessment if you think it is wrong.

You can make a legally binding Section 3 request for free. If you do so the company must tell you what types of information they hold and their purpose for holding it.

ciarano

Many thanks Starshine 1234

starshine1234

razorblunt wrote: »

...
I did question him on this and he backed right off saying there is no CV in file, would they scrap Linked In to make a profile on you?

This is in the UK, not Ireland, if it makes a difference.

This raises some potentially complex issues.

Companies must obtain data fairly, and they must have a purpose.

If you publish information in public, and a company notes the information, they cannot be said to have obtained the info unfairly.
In other words, you publish on LinkedIn. Is that public? I'm assuming that it is, although I know that registration is required for full access.

A company notes the info. This is fairly obtained in my view.


But there is no purpose.

If the company had asked you for the info they must have had a purpose.
But if they obtain the info from a public source they don't have to state a purpose, and you haven't been asked so you can't have agreed to anything.

I feel there is an implied purpose here, and that implied purpose is what your intention was when you first posted the info to the public source.

So, if you published info onto LinkedIn, it might be implied that you are seeking to make professional contacts, or you might be seeking work.

If a company then made notes on your info, and used the info for the purpose of finding you professional contacts or jobs then that might be fine.

If they contacted you for other reasons, drastically different reasons, for example asking you to work as a pace maker for the womens annual clog race I'd say that purpose was never implied and therefore not allowed.


As I say, it may be pretty complex, but that complexity is largely down to the fact that the personal info was first published voluntarally.

I feel that if companies make notes of the info then they are subject to all of the provisions of the Data Protection Act, including needing a purpose for having the info.