>Chris is a partner in the Employment Law Group of the Arthur Cox Belfast Office in Northern Ireland.
Chris has extensive experience dealing with both contentious and non-contentious employment law matters. Chris advises a range of employers on all aspects of employment law including executive appointments, severance, grievances, disciplinary issues and trade union matters. Chris has represented clients before the Industrial Tribunal, Fair Employment Tribunal and the Court of Appeal in Northern Ireland in employment litigation such as unfair dismissal, equality/discrimination and whistleblowing. Chris’ practice area includes advisory work and corporate transactions.
What are the implications of checking a candidate’s social media profile under the GDPR?
Social media screening prior to employment is common place and can be a valuable tool for employers. The difficulty for employers arises when they have to distinguish between information that is helpful in making employment decisions and information that is not but reveals the candidate’s personal interests or beliefs.
It is good practice to wait until after an interview to carry out a social media check on a candidate. This means that the employer is less likely to be accused of relying on information (particularly protected characteristics e.g. pregnancy) evidence from social media when making a recruitment decision.
Transparency is a key requirement under the GDPR and candidates should be informed if a social media search is being carried out that could affect their application. As mentioned, information on social media searches should be targeted on finding out information relevant to the recruitment decision.
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