When CCPA started to look this direction I remember discussing this with you. We knew it was a matter of time. It's actually shocking that it just now made it's way into a case like this.
Very interesting, sounds like sending candidates a link to their profile with a “dispute” and “update” feature would work? Q: Does this mean candidates should access to their ATS profile that has an AI summary and any interview debriefs that have AI summaries? And how is this different from a recruiters opinion and hiring managers opinion?
To comply with the statute, the company gathering the data just has to give notice and obtain written consent. Then the burden usually shifts to the candidate to ask for the information they have, although some states like California require a check the box so the person can ask for it at the same time they give consent.
The ability to correct really only comes up if the information was used as part of the decision making. My sense is that this kind of data comes up later in the process, but if it is used for screening all candidates, then all candidates should be able to see and correct the information.
The duty to correct is with the entity that gathers and sells the data, not the employer.
Where it makes sense to give notice and get consent depends on when and how the data is used.
When CCPA started to look this direction I remember discussing this with you. We knew it was a matter of time. It's actually shocking that it just now made it's way into a case like this.
Very interesting, sounds like sending candidates a link to their profile with a “dispute” and “update” feature would work? Q: Does this mean candidates should access to their ATS profile that has an AI summary and any interview debriefs that have AI summaries? And how is this different from a recruiters opinion and hiring managers opinion?
To comply with the statute, the company gathering the data just has to give notice and obtain written consent. Then the burden usually shifts to the candidate to ask for the information they have, although some states like California require a check the box so the person can ask for it at the same time they give consent.
The ability to correct really only comes up if the information was used as part of the decision making. My sense is that this kind of data comes up later in the process, but if it is used for screening all candidates, then all candidates should be able to see and correct the information.
The duty to correct is with the entity that gathers and sells the data, not the employer.
Where it makes sense to give notice and get consent depends on when and how the data is used.