Social media has become an inescapable part of daily life, and it's increasingly relevant in the world of recruitment and employment. In this article, we explore the potential risks, benefits and data compliance requirements of using social media as a recruitment tool.
With increasing ratios of applicants to roles, many employers and recruiters now use social media screening to verify candidates’ achievements and/or to identify any 'red flags' that may mean they are not a good fit for the business. This screening can range from hiring third party recruiters who carry out social media screening on professional based sites such as LinkedIn, using specialist software designed to screen all social media platforms and highlight certain criteria or 'red flags', or even a simple online search of a candidate’s name.
It's reported that around 90% of recruiters use LinkedIn, a social media designed for professional use that publicises individuals’ achievements and work experience. Whilst LinkedIn is widely considered acceptable for professional screening, the screening of more personal platforms such as Facebook, Instagram or X (formerly Twitter) is more controversial, and can arguably create more risks for employers.
Whilst software companies that specialise in social media screening claim to give a unique insight into the likely 'fit' between new hires and business cultures, it certainly can be risky to use this tool in the recruitment process.
Information gained from social media is often unverified, lacks context and may be incorrect. Relying on search results from social media screening can therefore result in the inappropriate rejection of suitable candidates. We therefore encourage organisations to carefully think about why they are using social media screening as part of the recruitment process, and to weigh up the potential benefits versus the risks outlined in this article and our webinar.
Decision makers in the recruitment process who have access to candidates’ social media profiles may also be led by unconscious bias. Therefore, if your organisation is using social media screening, we strongly recommend that those carrying out the searches are kept independent from those making decisions on the recruitment process, and only key information that is relevant for a candidate’s suitability for the role applied for (if any) is reported to decision makers.
More significantly, beyond highlighting potential 'red flags', searches can reveal certain characteristics which would not have been discoverable through an applicant’s CV or application form. Some of these will be 'protected characteristics' under the Equality Act, i.e. a search of a candidate’s social media profile or page may reveal their race, sex, sexual orientation, religion or belief, age, gender reassignment, marital status or pregnancy and maternity.
Unsuccessful applicants may issue discrimination claims against a prospective employer if they feel that the reason their application was unsuccessful was linked to a protected characteristic. Whilst employers may argue that protected characteristics had no bearing on their recruitment decision, that could be difficult to evidence if there is not a clear written record of the reasons for the decision.
Although social media profiles put information in the public domain, reviewing them as part of the recruitment process is not automatically reasonable. Social media screening processes can be intrusive and will therefore require justification.
The Information Commissioner's Office (ICO), the UK’s privacy regulator, has published guidance on when screening may be appropriate. UK General Data Protection Regulation (GDPR) rules will require an employer to establish a lawful basis for the data processing, the most relevant for social media screening being 'legitimate interest'.
The 'legitimate interest' lawful basis requires a three-part test, firstly considering the reason or purpose of the screening, next whether the processing is necessary for that purpose, and finally applying a balancing test to confirm whether or not the interests of the relevant data subjects (the job candidates) override the 'legitimate interest'. The 'legitimate interest' lawful basis will therefore not apply in every situation and employers will need to identify a specific need or risk that justifies the invasive nature of social media screening.
Employers must also be aware of further data protection requirements. Transparency in recruitment processes is imperative - candidates must be notified in advance if the recruitment process involves social media screening. Following social media screening, candidates should then be offered the chance to challenge any concerns uncovered, in order to explain the context behind any posts or comments or to offer a plausible explanation for any information they claim to be inaccurate.
As mentioned above, businesses who wish to screen applicants should also divide their recruitment teams to ensure that the staff performing the screening share only the relevant potential concerns with the recruitment panel and are not the ones making the hiring decisions. This helps to prevent unconscious biases and discrimination based on ancillary information that the staff performing the screening may have gleaned from the social media profiles.
Whatever outcome is reached, information obtained during the screening process must be securely erased as soon as it is no longer needed in connection with the recruitment process. This is to ensure that the employer complies with UK GDPR data minimisation requirements.
Firstly, we would urge organisations to consider why they are using social media screening. If it's not to comply with a legal obligation or statutory guidance, as is the case in some sectors like education, then it may be that the risks outweigh the potential benefits.
If your organisation chooses to use social media screening, it's important that you:
Social media is here to stay, so it's important employers take steps to protect their business and comply with legal obligations around its use.
To explore this subject in more detail, you can also watch our webinar on social media in recruitment and employment below.
If you would like to discuss your organisation’s recruitment processes, policies or procedures, or would like any further advice on this topic, please contact our employment team.
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