The Information Commissioners Office (ICO) has recently launched a campaign to clamp down on employment agencies who are not registered under the Data Protection Act 1998.
Employment and recruitment agencies will inevitably hold personal details on file for clients and candidates which may include their skill set and work experience, as this information is used to match them with suitable vacancies. If an organisation is processing personal information in this way it is required by law to be registered with the ICO. The ICO is actively seeking those companies who have failed to register and will act accordingly, listing all names of those prosecuted on its website.
There are of course exemptions for companies that only process information for what is referred to as ‘core business purposes’, such as their own staff administration, accounts and records, or for advertising, marketing and public relations, in connection with their own business activities. To rely on these exemptions, the organisation must ensure the processing of personal information is strictly within the conditions attached to each exemption and that the organisation does not operate CCTV. It is highly unlikely that a recruitment agency would fall into an exempt category because they are processing personal information about potential clients and candidates.
As part of the application process for ARC, all members need to be registered and we would encourage those long standing members to ensure that when they renew their ARC membership each year, they also renew their ICO registration.
It is worth noting that failure to register when required to do so is a criminal offence under the Data Protection Act 1998 and subject to prosecution accompanied by a fine. Registration is simple and can be done by visiting www.ico.org.uk where a form can be completed online. Alternatively, you may wish to contact the ICO helpline on 0303 123 1113 to go through the form over the phone.
