Q: Can a rejected candidate for a job see the interview notes taken by the panel?
Dec 20 2005
Answered by: Peter Done Ask a question
The simple answer to that is yes they can but you are only required under the Data Protection Act to keep interview notes and application forms for unsuccessful candidates for a period of time. Currently that appears to be up to 4 months, so if you have destroyed them then clearly the rejected candidate cannot see the notes. There is a weakness in the system that the Data Protection Act states one thing and other legislation another. Legislation in the sense of (sex discrimination, race discrimination, disability discrimination, religious discrimination, trade union discrimination) all require the employer to prove their actions i.e. that they did not discriminate. Having destroyed the paper work, as required to do so by the Data Protection Act 1998, makes it extremely difficult to do that. Therefore, there is a conflict. The important thing is that you should not write anything on interview notes that could be regarded as discriminatory. Consider carefully when you write something down during the interview that if you would want it appearing in a Tribunal some six or nine months later!
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