Enquiry Case Notes

編號: 0027/2014/PA

標題: “Blind” recruitment advertisements


    With regard anonymous “blind” recruitment advertisements, Association A, according to the Administrative Procedural Code, requested the Office for Personal Data Protection to prepare enforceable (executórios) regulations or non-enforceable guidelines in regard human resource management. 


    The Office for Personal Data Protection (GPDP) is the public authority, referred to in Article 79(3) of the Civil Code and the Law 8/2005 (the Personal Data Protection Act, or PDPA), responsible for the supervision and coordination of the compliance to and implementation of the PDPA, as well as for establishing, and monitoring the implementation of, professional secrecy. 
  When collecting data from recruitment candidates, the recruiting organization is bound by the PDPA. Being a data controller, this organization should satisfy the lists of rights on their personal data enjoyed by the data subjects, including the right to information given in Article 10 idem. When collecting personal data directly from the candidates through recruitment advertisements, an organization should reveal its identity or provide valid contact information so that the candidates can verify before submitting their personal data. If the organization only provided contract information such as telephone number or email address, the candidates, before submitting any information, should confirm the its identity.
  In addition, the recruiting organization should also process the candidates’ personal data strictly according to Article 2 and 5 of the PDPA. For example, when personal data is collected from the candidates for recruitment, the further processing should not deviate from the original collection purpose of collection.  According to the principle of proportionality, generally candidates should not be asked to provide copies of their IDs by posts or emails.

Please refer to “Personal Data Protection Act”, articles 2, 5 and 10.