In order to respect the principles of data protection law, the documentation relating to a recruitment exercise should be retained no longer than is necessary. The paperwork may need to be used in evidence should an unsuccessful candidate allege discrimination. Although discrimination claims must normally be brought within three months, late claims are possible. It is therefore advisable to retain the paperwork for at least a year. If records are maintained for management analysis, such as to monitor for unlawful discrimination, (monitoring ) then that should be done in a way that does not enable individuals to be identified.
Where information has been obtained for the purpose of verifying details supplied by applicants, the draft Data Protection Code advises employers not to use that information for any other purpose, and to destroy it once checking is complete. Information about criminal convictions should be deleted once it has been verified by the Criminals Records Bureau or Disclosure Scotland. If the employer intends to hold on to the details of unsuccessful applicants so that it can consider them should a vacancy arise in the future, then applicants should be advised of that and given an opportunity to object.
The interview notes, job offer and any other correspondence with the successful candidate may need to be retained to form the basis of the employee's personnel file. The Data Protection Code advises, however, that not all information about the candidate should be retained. Information that is not relevant to the appointee's employment, such as details of his or her former salary, should be deleted.