Our colleagues at Xecutive Search have drawn attention to the prosecution of a recruitment manager for giving their candidate’s personal information to other employment agencies, which sparked warnings over data sharing.
Staurt Franklin, a Recruitment Manager at HomeServe Membership Ltd, was prosecuted under the Data Protection Act in Birmingham for sharing his candidate’s CVs with other agencies.
He was found to have sent copies of 26 CVs to external recruitment firms without a business need to do so.
The sharing of this personal data, without permission, was discovered when applicants, who had already submitted applications with Homeserve, then had applications submitted from third party recruiters.
Steve Eckersley, ICO Head of Enforcement, had the following warning for recruiters: “Passing on other people’s personal information that you have access to as part of your job can often be against the law, unless you have their consent or valid grounds for doing so. We’re asking people to stop and think about the consequences before taking or sharing information illegally. Most people know it’s wrong but they don’t seem to realise it’s a criminal offence and they could face prosecution.”
Franklin was fined £573 and ordered to pay costs of £364 and a victim surcharge.
The Data Protection Act 1998 prevents the unlawful disclosure or obtaining of personal data without the consent of the person who controls that data.