When a candidate asks for their data to be deleted during recruitment

Occasionally a candidate may ask for their application data to be deleted before or shortly after your recruitment process has fully concluded.

This can feel awkward as you're likely trying to deliver on GDPR obligations and looking out for your employer brand whilst keeping records relating to recent job applications in order to protect your organisation in the event a candidate were to make a claim that they felt they were not treated fairly - all whilst seeking to be kind and considerate to candidates - it's a real tightrope! 

Privacy Policy Background

When registering and/or applying for jobs on an All Jobs Pro powered careers portal, candidates are asked to read and confirm their agreement with the our privacy policy (click here to view this in a new window).

This clearly states:

When you apply for a job with one of our Customers through our Website:

How long will this data be retained?

“If your job application is not successful your job application information will continue to be available to our Customer for 6 months so that in the event that you were to make a claim regarding your job application then our Customer can make reference to your application in any resultant tribunal.

After 6 months your job application data will be deleted (unless you have requested we continue to process your data in relation to another of the recruitment Services we offer - for example if you want us to continue to notify you about further job vacancies that arise or you have opted in to be included in our Customer's Talent Pool).”

Employers are permitted to retain recruitment data for a proportionate period where there is a legitimate business need. One of the clearest and most widely accepted reasons is demonstrating that recruitment decisions were fair, objective, and non-discriminatory.

This includes being able to:

• Respond to questions or complaints about a hiring decision
• Defend a potential discrimination or unfair treatment claim
• Evidence that decisions were based on role-related criteria

Because Employment Tribunal claims (and internal grievances) can arise weeks or months after a decision, immediate deletion could place employers at an unreasonable legal risk.

Why All Jobs Pro uses a 6-month retention period

In accordance with our privacy policy that candidates are asked to read and agree to when they register / apply for a job on our platform, All Jobs Pro retains job application data for six months following a job application.

Six months is:

• Proportionate (not excessive)
• Consistent with common HR and legal guidance in the UK
• Clearly disclosed to candidates upfront

After this period, data is automatically deleted or anonymised unless there is a lawful reason to retain it for longer (for example if you notify us of an ongoing complaint or claim) or if the candidate has opted in to one of our ongoing services such as Job Alerts or Talent Pool.

What to say to a candidate who requests deletion

A simple, transparent response is usually all that's needed. For example:

“We understand your request. In line with our privacy policy that all candidates are asked to read and agree to at the point of applying for a job through our careers portal (if you wish you can review this here), we retain recruitment data for up to six months so we can demonstrate fair and lawful decision-making if required. Your data will be securely deleted once that period ends.”

If you wish you can also suggest the candidate sign in to the careers microsite (where they applied for the job at your organisation) and click on My Details > My Data where there are various options:

Key takeaways for employers

• You are not breaching GDPR by retaining recruitment data for a short, stated period
• Immediate deletion is not required where legitimate interests apply
• Clear record keeping of objective decision-making are recommended
• Candidates gave their consent for their data to be stored for six months at the point they applied for the job
• Candidates can control their data via the My Details > My Data menu (inside your All Jobs Pro powered careers portal where they applied for the job)

All Jobs Pro is designed to inform candidates fairly, support fair data processes and protect our clients from unnecessary risk. If you have any feedback on our approach please do let us know, we're always listening.