Can an employer refuse a request from an unsuccessful job applicant to delete any of their data in its possession as it may be necessary for the defence of legal claims?
An employer’s data protection obligations extend to job applicants in relation to retention and erasure of personal data. As a matter of good practice, employers should seek consent from applicants at the outset in relation to their application kept on file in case of future vacancies.
At this point, employers should give a time period for which the application would be retained which should reflect the likelihood of vacancies arising and the application remaining up to date and valid in respect of those vacancies. Once this time period lapses, the data relating to the applicant should be erased.
If an employer receives an erasure request prior to the above time period lapsing, the employer, as the data controller, must erase the relevant personal data unless the request for erasure is manifestly unfounded or excessive in nature.
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