The Caribbean Society for Human Resource Professionals (CSHRP) says the Data Protection Act carries significant implications for leaders that will improve how Jamaican employers recruit candidates.

The Act which regulates the processing of personal data and protects individuals’ privacy
rights, require organisations to ensure compliance and avoid penalties.

CSHRP Founder Rochelle James emphasises the Act’s far-reaching impact on recruitment processes.

“The Data Protection Act affects how we recruit and engage candidates, from the application forms to the interview structure. While our current focus is Jamaica, our region has taken Data Protection seriously with 5 of our neighbours having Data Protection laws in place with similar implications, specifically, in Trinidad and Tobago, The Cayman Islands, The Bahamas, Barbados and St Lucia,” says James.

“Employers must re-draft employment application forms, ensuring that the information collected is within scope and that candidates are informed about how their information will be used, even if they are not selected,” she continued.

Under the new legislation, employers must obtain explicit consent from candidates before collecting, recording, or sharing their personal information. This requirement extends to all aspects of the recruitment process, including virtual or in-person interviews, video, written and audio recordings.

“Recording of interviews through note-taking, audio, video, or any other form of recordkeeping may be considered personal content,” James warns. “How this information is shared and stored is going to be of importance to the assigned Data Protection Officer, and it is information that we should be careful in handling.”

James stresses the importance of treating the interview space as sacred and confidential, recognising that candidates, as data subjects, have willingly provided extensive personal and professional information during the application process.

James added, “We must ask ourselves, are we requesting private information from candidates even before they are interviewed, and what is the purpose of this information?”

Cornerstone Group Chief Human Resource Office (CHRO) and CSHRP Board Director Stephanie Murdock, said, “HR’s failure to comply with the Data Protection Act can result in significant fines, legal action, and damage to an organization’s reputation. However, compliance should not be viewed solely as a means to avoid penalties; it is an opportunity to build trust with candidates and demonstrate respect for their personal information”.

Murdock added “Candidates’ consent is crucial, and it should be explicitly given and not assumed simply because they are seeking employment within your organisation,” she states. “Employers must be transparent about how candidate information will be used and obtain explicit consent for any data processing activities.”

Barbados-based Caribbean Regional Labour Law aficionado, Brittany Brathwaite added, “As regional employers and recruiters navigate this new landscape, it is crucial that they thoroughly review and adapt their recruitment practices to meet the standards set by the Data Protection Act.”

By embracing transparency, accountability, and the rights of candidates, organisations can foster a recruitment industry that prioritises privacy and trust.