The ICO audits the use of AI tools in recruitment

Resulting guidance explains how to comply with data protection law when carrying out recruitment exercises. By Victoria Hordern, Taylor Wessing LLP.

Many businesses are currently using or contemplating using AI tools in recruitment. The Information Commissioner’s Office (ICO) carried out a series of consensual audits of AI powered sourcing, screening and selection tools used in recruitment and the report was published in November 2024.(1)

The ICO looked at tools that source potential and passive candidates (i.e. people not actively looking), including AI that scans through publicly available sources on social media and professional networking sites, but excluding gen-AI tools and tools that process biometrics. The ICO also examined AI tools that (i) screened candidates who had already applied for a job, as well as tools that (ii) selected candidates who are recommended for progression. These tools assist recruiters during interviews by, for instance, grading responses to interview questions in real time.

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