Legalities of being asked to supply a photo when applying for a job

Atlantic Dawn · 09-12-2022 10:24PM #1

I was recently looking at an office based job advertised which one of the requirements was to supply a photo, is this legal to be asked to provide it? Surely it would be the same as asking an applicant their race as part of the application process and then having the information needed to ditch all those that are x race if the employer was of that frame of mind.

Augme · 10-12-2022 09:12AM

Yes, it is legal to ask for a photo. What they do with the information of the photo might not be legal.

10-12-2022 10:03AM

Probably a breach of GDPR data minimisation requirements, if you wanted to report them to the DOC, after flagging it up to them.

Rikand · 10-12-2022 10:06AM

I think it's so they know the person who comes for interview is the same person that applied.

Or else, if they use an ID badge for emplyment, they'll use that photo on the badge if you're successful

AUDI20 · 10-12-2022 10:16AM

Its not illegal or breach of GDPR, Supply of photo is asked for in a lot of situations, Banks, Credit Unions, Driving Licence ect

Mrs OBumble · 10-12-2022 10:16AM

https://www.boards.ie/discussion/comment/119978711#Comment_119978711

Hardly. Public jobs does it, or at least did pre-covid: They matched it with the photo I'd when you arrived, and then used it to ensure the person was the same one thru the process.

Homer · 10-12-2022 10:28AM

https://www.boards.ie/discussion/comment/119978711#Comment_119978711

Can you provide the relevant legislation to back that up please?

Gumbo · 10-12-2022 10:30AM

I’ve had to supply a passport photo for every PS job I’ve applied for.

Same for Firearms License. Part and parcel.

Quick Tip.

They ask for a passport sized photo. You don’t have to pay for photos every time. Take, save and crop them at home and print out on a decent sheet of paper.

This is what I’ve done for the last 10 years and thankfully have been successful.

Pauliedragon · 10-12-2022 10:45AM

I wouldn't be too happy with it. Why is a selfie not sufficient? At least that can be deleted straight away if you're not successful. I wouldn't mind if I was actually starting a job.

10-12-2022 10:46AM

Perfectly legal. It's even part of the Europass CV template...

10-12-2022 11:36AM

https://www.boards.ie/discussion/comment/119978761#Comment_119978761

There was a good hint there where I mentioned the data minimisation requirement of GDPR, but if you’re not good with search engines, here you go. Article 5 (1) (c) is what you’re looking for; “limited to what is necessary”.

How is a photo necessary with a job application.

10-12-2022 11:39AM

https://www.boards.ie/discussion/comment/119978768#Comment_119978768

PAS generally ask you to bring a passport photo to interview, along with photo I’d, which is a control mechanism that you are the same person on paper as in person. They sometimes ask for a photo for high security posts, like Gardai or doctors.

That’s a bit different to asking for a photo with an initial application, which creates a situation where people are chosen based on their looks, rather then their ability to do the job.

ohnonotgmail · 10-12-2022 11:53AM

https://www.boards.ie/discussion/comment/119978932#Comment_119978932

Maybe they only want to hire attractive people? Open to correction but I don't think that is illegal discrimination. Being ugly is not a protected group.

Mrs OBumble · 10-12-2022 11:56AM

There is absurd nothing wrong with being chosen based on looks, so long as its not a proxy for race or disability.

AUDI20 · 10-12-2022 12:00PM

https://www.boards.ie/discussion/comment/119978932#Comment_119978932

Assumptions, not fact though

Alonzo Mosley · 10-12-2022 12:01PM

FFS you would swear they were asking for a limb!!!!

ctrl-alt-delete · 10-12-2022 12:07PM

https://www.boards.ie/discussion/comment/119979020#Comment_119979020

Yeah but if we let them away with this, then that is where we are headed! 📵

growleaves · 10-12-2022 12:11PM

https://www.boards.ie/discussion/comment/119978989#Comment_119978989

😭😭

GreeBo · 10-12-2022 12:12PM

https://www.boards.ie/discussion/comment/119978719#Comment_119978719

As long as the person who comes for the interview is the same person who takes the job, who cares who applied?

Padre_Pio · 10-12-2022 12:25PM

https://www.boards.ie/discussion/comment/119979067#Comment_119979067

If you're recruiting dozens or hundreds, like the Gardai, you need to check ID. They have aptitude tests and fitness tests with hundreds of applicants.

Odelay · 10-12-2022 12:26PM

Wouldn’t they do refeeence checks, accreditation checks and most importantly be paying the person whose name was on the application??

ohnonotgmail · 10-12-2022 01:19PM

https://www.boards.ie/discussion/comment/119979116#Comment_119979116

And what if somebody other than the applicant turned up for interview or an assessment test? When you are dealing with large numbers of applicants it is important to know who you are dealing with from the start.

Homer · 10-12-2022 02:10PM

https://www.boards.ie/discussion/comment/119978924#Comment_119978924

Well seeing as we don’t know the purpose of the photo request, we simply don’t know whether it is adequate or necessary or not. It could be for an ID badge for access to the building? My wife worked for one of the largest tech firms in the world with a Dublin office and you are required to have your photo taken and on an ID badge when you are in the building as a guest? It could also be for nefarious purposes? So no need to try be so smug when you simply don’t know what the purpose of the request was.. but based on your post history you can’t seem to help yourself.

10-12-2022 02:15PM

https://www.boards.ie/discussion/comment/119978989#Comment_119978989

https://www.boards.ie/discussion/comment/119978998#Comment_119978998

It wouldn't constitute discrimination under Equal Status legislation, that's true. The question is whether the Data P'rotection Commission would agree that it is 'necessary'. I can think of circumstances where it may be necessary, if you're going to be a body beautiful posing in Hollister or similar shop. But for a standard office job, it's hard to see how provision of a photo, which is, by definition, biometric data, is necessary.

https://www.boards.ie/discussion/comment/119979020#Comment_119979020

It's a good idea to draw a line under current data protection rights. Many smaller employers don't pay huge attention to these, so it can help for consumers to point these out. This sounds like one such occasion.

https://www.boards.ie/discussion/comment/119979011#Comment_119979011

The only assumption by me is that appearance isn't generally relevant for an office job. Am I wrong?

10-12-2022 02:45PM

https://www.boards.ie/discussion/comment/119979489#Comment_119979489

You don't ask for a photo for an ID badge at application stage. That is absolutely and completely unnecessary - to be taking and storing biometric data from tens or hundreds of people, when you actually only need one photo from one person.

You don't ask for a 'visitor pass' photo at application stage, for the same reason.

Augme · 10-12-2022 02:53PM

The DPC aren't going to make a determination on whether looks should or should not matter for an office job. That's not under their remit. Once the employer can show sufficient systems in regard to the retention and, most importantly, the destruction of the data(photos) they won't do anything.

joeguevara · 10-12-2022 03:16PM

There are a couple of ways to approach this. Firstly the reason of collection of personal data needs to be disclosed. That’s the first port of call when consider if there is mal fires for its collection.

Then we look at any evidence in the workplace where no person of a particular ethnicity, race or indeed age is brought to interview or proceeded to employment. if it’s the case that persons were profiled out for no other reason but one of the nine grounds then the collection is a breach, but if there isn’t then it’s not.

There is also the case of taking a photo when entering the building or indeed the Polaroid to remind the interview panel who each person was. Is it implied that the employers are so racist that they didn’t want a group to show up it’s all in the detail really rather than the original act.

ohnonotgmail · 10-12-2022 03:21PM

https://www.boards.ie/discussion/comment/119979505#Comment_119979505

So, to sum up, it depends.

Homer · 10-12-2022 03:24PM

https://www.boards.ie/discussion/comment/119979595#Comment_119979595

It could be a requirement for access to the building. It’s not that hard to grasp? Again you have no idea why they want the photo but I’ll let you keep ranting away as per … have a nice weekend! Out

10-12-2022 03:24PM

https://www.boards.ie/discussion/comment/119979624#Comment_119979624

The DPC absolutely WILL make a determination on whether a data controller is compliant with GDPR if a complaint is made. This will indeed include a judgement on whether looking for a photo is necessary. In this scenario, for an office job, it is very unlikely that any employer is going to try to make a case that looks are relevant for an office job, so the employer will be on the back foot from the start.

There is a question of whether this will be a priority issue for the DPC, given that most of their resources are focussed on dealing with Twitter and Meta and Google and more. I reported a smallish issue about a local retailer to them last year, and they followed up about six months later.

ohnonotgmail · 10-12-2022 03:26PM

https://www.boards.ie/discussion/comment/119979747#Comment_119979747

Probably best not to concentrate on the looks thing. It was a glib throwaway comment

Legalities of being asked to supply a photo when applying for a job

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