Candidate Privacy and Data Protection

Dear #Recruiters, Please learn from this case of PELLER's current legal battles with Nkese Uyo and some other applicants he uses their interview for contents without their consent. In Nigeria, it is not proper, ethical, or legal for a recruiter or interviewer to record a job interview and publish it on social media without the interviewee’s informed consent. The Legal Perspective: 1. Violation of Privacy Rights Under the 1999 Constitution of the Federal Republic of Nigeria (as amended), Section 37 guarantees the right to privacy for all citizens, including their correspondence, telephone conversations, and telegraphic communications. Using someone's image, voice, or interview publicly without permission can amount to invasion of privacy. 2. Nigerian Data Protection Regulation (NDPR) The NDPR (issued by NITDA in 2019) governs how personal data is collected and used. It requires: Consent before collecting or processing personal data (e.g., photos, video, audio). Clear disclosure of purpose for using such data. Violating NDPR can attract: Fines Legal liability Reputational damage 3. Tort Law – Defamation or Misrepresentation If the video content presents the interviewee in a false or humiliating light, the victim may have grounds to sue for defamation, emotional distress, or misrepresentation. Ethical & Professional Standards Job interviews are confidential, a professional recruiter should treat applicants with respect, dignity, and privacy. Exploiting applicants for clout, content, or likes is seen as manipulative and unethical. No organization or individual should monetize or publicize such moments without consent. Using someone’s job interview for social media content without their permission is Unethical and Unprofessional. Likely illegal under Nigerian privacy and data protection laws. Anyone that become victim of such circumstances can: - Send a legal warning letter (cease and desist) to the recruiter. - Report to NITDA (for NDPR violations). - Seek legal redress through a lawyer or file a petition in court.

Today, a recruiter invited me to a call about a potential role I was very interested in learning more about. But, less than an hour before the meeting, I received a sudden calendar update: “Fred from Fireflies will join to record and transcribe the conversation.” - No prior request for consent. - No explanation of how the recording would be stored. - No clear details on how my data might be used. What should have been a straightforward conversation instantly shifted into a scramble to protect my privacy (voice, image, and data). Recording an interview, without clear, advance permission, erodes trust before the first question is even asked. Consent is a deliberate agreement that lets everyone show up prepared and comfortable. This is an ethical issue. No doubt, an AI note-taker could be valuable to this recruiter. But, they also raise questions about data retention, confidentiality, and intellectual property. A candidate discussing career history, research, or sensitive client details deserves to know exactly how those records will be used and who will have access. If you truly aim to build an inclusive hiring process, plan for ethical recording practices from the first email. - State your intentions. - Outline how the file will be stored and data retention policies. - Offer alternative accommodations. - Secure explicit consent well before the call. Anything less feels like surveillance disguised as efficiency. How are you making sure your use of AI tools in interviews respects privacy, consent, and accessibility? *Note, I am fortunate to be able to walk away from situations that violate my privacy, and I did exactly that in this case. I recognize that many candidates cannot afford to decline and must navigate similar scenarios without the option to stay no. If you are in that position, I see you and stand with you. #CyberSecurity #DataPrivacy #Consent

Protect Your Privacy: Why Sharing Aadhar and PAN Card Photos with Recruiters Isn't Safe:- As job seekers, we often encounter requests from recruiters for sensitive personal information, such as Aadhar and PAN card photos, during the interview process. While it may seem like a routine procedure, it's crucial to pause and consider the implications of sharing such data. First and foremost, Aadhar is a repository of highly sensitive personal information, including biometric data, linked to various government services. PAN cards, on the other hand, contain vital financial details. Revealing these documents to recruiters poses significant privacy risks, as there's no guarantee of how this data will be handled or stored. Confidentiality is paramount when it comes to personal information. However, once shared, we relinquish control over how it's used and who has access to it. Recruiters may not always have robust data protection measures in place, leaving our sensitive data vulnerable to breaches or misuse. Moreover, the necessity of Aadhar and PAN card photos for the interview process is questionable. While verifying identity is important, there are alternative methods available, such as providing identification documents in person or through secure channels. Insisting on Aadhar and PAN card photos raises red flags and warrants scrutiny. So, what can job seekers do to safeguard their privacy? 1. Exercise Caution: Before sharing any personal information, carefully evaluate the legitimacy of the request and the necessity of the documents. 2. Limit Disclosure: If asked for Aadhar or PAN card photos, consider providing only non-sensitive information, such as your name and photo on Aadhar, while concealing other details. 3. Ask Questions: Don't hesitate to inquire about the recruiter's data protection policies and how your information will be handled. Transparency is key in establishing trust. 4. Report Suspicious Activity: If you encounter any concerning behavior or requests for unnecessary personal information, report it to relevant authorities or platforms. In conclusion, protecting our privacy in the digital age requires vigilance and discernment. While job hunting can be daunting, it's essential to prioritize data security and only share information with trusted parties through secure channels. Let's advocate for greater awareness and respect for privacy rights in the recruitment process. Your privacy is non-negotiable – don't compromise it for a job. Stay safe and informed.

Tractor Supply: The first CCPA case about job applicants' privacy (and the largest CPPA settlement yet). Don't forget: Unlike other states, California's privacy law applies to data about employees and job applicants. Tractor Supply settled for $1.35 million for failing to tell job applicants about their rights (among other, more commonplace violations—GPC, Do Not Sell, the usual stuff). The company provided a "notice at collection" telling applicants what types of data it collected and why. But the notice neglected to mention Californians' CCPA rights. Counting applicants and employees as "consumers" is one of several things that makes California's privacy law—if not the strictest—the most complicated to comply with. I think this is an area that has failed to reach many companies' compliance radars. Can we expect more HR-related cases from the CPPA? Or maybe a B2B data case will come next? That can be "personal information" too under the CCPA!