Does The Employer Have An Obligation To Delete CVs Of Candidates After The Recruitment Process?

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Schoenherr Attorneys at Law

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We are a full-service law firm with a footprint in Central and Eastern Europe providing local and international companies stellar advice. As the go-to legal advisor for complex commercial matters in the region, Schoenherr aims to use its proximity to industry leaders, in developing practical solutions for future challenges. We keep a close eye on trends and developments, which enables us to provide high quality legal advice that is straight to the point.
Recently, a groundbreaking ruling was issued in Poland by the Supreme Administrative Court regarding the matter of whether companies must delete candidates...
Poland Privacy
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Recently, a groundbreaking ruling was issued in Poland by the Supreme Administrative Court regarding the matter of whether companies must delete candidates' CVs immediately after a recruitment process.

The whole case started with the would-be employee asking the recruiting company to remove her data from its database. The company refused, arguing that it needed to keep the data in case one of the candidates accused the company of treating candidates unequally. In addition, the company indicated that the data would be kept for the period required by the GDPR and the company's internal acts, but was unable to provide the exact period.

As a result, the would-be employee filed a complaint to the Personal Data Protection Office (PDPA). In response to the complaint, the President of the PDPA ruled negatively for the company and imposed a warning on it for unlawfully processing the personal data of the would-be employee after the recruitment process had been completed and failing to properly comply with the information obligation in relation to the acquisition of personal data during the recruitment process.

After receiving this decision, the company filed a complaint to the Provincial Administrative Court (PAC). The PAC ruled in favour of the company and overturned the decision of the PDPA. In the justification, the court stated, among other things, that the company, as a data controller, but also as an employer, must comply with the Labour Code regarding the prohibition of discrimination during employment, but also during the recruitment of new employees. It also pointed out that, according to the regulations, there is a limitation period for claims related to, among other things, discrimination. The period is therefore clearly limited by law. Thus, the company had a legitimate interest in storing the data of the would-be employee for a certain period of time (amounting to three years) for potential use in a possible lawsuit.

Against the above ruling, the PDPA filed a cassation appeal to the Supreme Administrative Court (SAC). The SAC agreed with the judgment of the PAC and dismissed the complaint of the PDPA. In its reasoning, it indicated that the company had a legitimate interest in storing the would-be employee's data for a legally defined period of time, as the candidate could bring a discrimination claim against the would-be employer.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Does The Employer Have An Obligation To Delete CVs Of Candidates After The Recruitment Process?

Poland Privacy

Contributor

We are a full-service law firm with a footprint in Central and Eastern Europe providing local and international companies stellar advice. As the go-to legal advisor for complex commercial matters in the region, Schoenherr aims to use its proximity to industry leaders, in developing practical solutions for future challenges. We keep a close eye on trends and developments, which enables us to provide high quality legal advice that is straight to the point.
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