Navigating data protection in recruitment and employment

The latest data protection insights from Ashfords

Welcome to the latest edition of our data protection newsletter which focuses on the current hot topics for data protection within recruitment and employment. Data protection within recruitment and employment are particular areas of interest for the Information Commissioner’s Office and so it's important that recruiters and employers keep up to date with the latest developments.

In this newsletter we share:

Our recent webinar focused on the use of social media in recruitment and employment
Our guide on subject access requests made in connection with employment proceedings
Our article on automated decision-making used during the recruitment process
The recent Employment Tribunal decision of Mr M Rakib v Mitie Limited, relating to the unauthorised viewing of CCTV footage.

Watch our data protection and employment webinar

Read our latest guides and articles

A guide to subject access requests in employment proceedings

It's not uncommon for employees to make a subject access request to their employer when in dispute with their employer, be it facing disciplinary proceedings or pursuing a claim. This article addresses some of the nuances specific to subject access requests, when made in the context of employment proceedings.

Finger Print On A Shield With Circuit Board Background Personal Data Concept

What's the current state of play for automated decision-making in recruitment?

With the use of AI tools in recruitment on the rise, understanding the rules and requirements for automated decision-making is more important than ever. This article outlines the current UK GDPR rules, how they're changing under the Data (Use and Access) Act and how recruiters should priorities for the revised rules.

Unauthorised review of BBC CCTV footage led to unfair dismissal: key takeaways for employers

In its judgment in the case of Mr M Rakib v Mitie Limited, the Employment Tribunal found that Mitie had unfairly dismissed its employee following his unauthorised viewing of CCTV footage. In this article we provide a background to the case and highlight key takeaways for employers.

Horizon Scanning

The Data (Use and Access) Act 2025, which received royal assent on 19 June 2025, brings amends to UK data protection law with the aim of promoting innovation and economic growth, whilst continuing to protect privacy rights.

The ICO is in the process of developing large quantities of new guidance across its website, ahead of the Act's implementation between June 2025 and June 2026. Once published this guidance will help organisations to interpret and better understand the changes that the Act brings.