Article 29 Working Party Opinion 2/2017 on Data Processing at Work (WP249)
Sections 4, 5.1 and 5.2: Further processing, recruitment and in-employment screening – Article 29 Working Party Opinion 2/2017 on Data Processing at Work (WP249)

Article 29 Working Party Opinion 2/2017 on Data Processing at Work (WP249) 5.1(a): 5.1(a) Recruitment: social media and public data only with a legal ground, when relevant to the job, and with prior notice

An employer should not treat a candidate's publicly visible profile as free to use: it needs a legal ground such as legitimate interest, should first consider whether the profile is professional or private, may collect only data necessary and relevant to the job applied for, and must tell the candidate about the checks before they engage with the process (for example in the job advert). There is no legal ground to require candidates to connect with the employer or otherwise open their profiles.

Maintained by Gerard Blokdyk

What else in your programme already covers this

This control maps to 1 controls across 1 other frameworks. If you already hold one of them, the evidence you collected for it is the starting point here rather than new work.

GDPR · 1 control

  • GDPR-Art.14 Information where personal data have not been obtained from the data subject

Every mapping shown was judged rather than inferred from wording similarity, and the ones that failed review are published too. See the coverage reports and what was rejected.

Other controls in Sections 4, 5.1 and 5.2: Further processing, recruitment and in-employment screening – Article 29 Working Party Opinion 2/2017 on Data Processing at Work (WP249)

Query this from an agent

The graph holds this control, the 1 it maps to, and the evidence behind each claim, over MCP and REST.