Codes of Practice/ Guidelines
Codes of Practice/ Guidelines
Code of Practice on Human Resource Management Frequently Asked Questions About Recruitment Advertisements
Common questions
Q4: Why is an employer required to identify itself in recruitment advertisements that solicit personal data from job applicants?
A: An employer who collects personal data from job applicants without identifying itself, or an appointed recruitment agency, might have engaged in an act of unfair collection of personal data contrary to the requirement of Data Protection Principle 1(2) of the Ordinance ("DPP1(2)") (details of the Data Protection Principles are set out at the end of this Fact Sheet). DPP1(2) provides that personal data should be collected by means which are fair in the circumstances of the case. It would generally not be fair for persons collecting personal data not to identify themselves when collecting personal information.
Secondly, personal data collected from job applicants are subject to access and correction by the person concerned. Unless exempted from doing so under the Ordinance, an employer is required to provide a copy of the data no later than 40 days after receiving a data access request. Job applicants would not be able to exercise their data access rights if they are denied the identity of the organization who collects their personal data (section 2.11 of the Code).
Q5: What can an employer do if it wants to conceal its identity in a recruitment advertisement without contravening the Code?
A: If an employer finds it necessary to conceal its identity in a recruitment advertisement, it should not require job applicants to submit their personal data in response to the advertisement. In this circumstance, an employer may provide job applicants, upon request, with an application form that bears the employer's identity. Alternatively, the employer may use a recruitment agency identified in the advertisement to receive the personal data solicited from applicants (2.3.3 of the Code).
Example of Q5
