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Candidates | Interview Intelligence | People Manager

Interview Recording - compliances to consider

Recording job interviews can be a valuable tool for ensuring accuracy and fairness in the hiring process, but it is important to consider a number of compliances before proceeding with recording. Recording interviews can be compelling in building intelligence around interviews, eliminating bias, and making better hiring decisions.
The recordings can be used to train new interviewers (sort of asynchronous shadow and reverse-shadowing) faster. Interviewers can visit some of the best interviews and respond to candidates’ questions.
A recorded or transcribed interview can brush up the memory of the interviewer at the time of feedback and hence enable a comprehensive assessment of each candidate rather than a judgment based on the interviewer’s memory. Recording interviews can also help people managers to keep track of the interview process which is a crucial element in employer branding.

Consent

Obtaining the consent of all parties being recorded is a crucial consideration when it comes to recording job interviews. In most jurisdictions, it is necessary to inform candidates that the interview will be recorded and obtain their written or verbal consent before proceeding. Failing to obtain consent could result in legal liabilities and damage a company’s reputation.
It is also important to ensure that candidates understand the purpose of the recording and how the data will be used. According to a survey conducted by the Society for Human Resource Management (SHRM), 78% of organizations that record job interviews do so for the purpose of evaluating the candidate’s fit and qualifications, while 52% use recordings to document the process for legal or compliance purposes [1]. By clearly communicating the purpose of the recording and how the data will be used, companies can help to build trust and improve the candidate experience.
In addition to obtaining consent, it is important to consider the potential psychological impact of recording on candidates. Research has shown that being recorded can increase anxiety and self-consciousness in individuals [2]. To mitigate these effects, it may be helpful to provide candidates with information about the recording process beforehand and offer support during the interview, such as allowing breaks or providing water.

Privacy laws

Different countries have different privacy laws that may impact the recording of job interviews. In the United States, the Electronic Communications Privacy Act (ECPA) regulates the interception of electronic communications, including recordings made with smartphones or other recording devices [3]. The ECPA requires that at least one party to the conversation consent to the recording, but some states have more stringent laws that require the support of all parties. It is important to familiarize oneself with the relevant laws in the jurisdiction and ensure compliance.

Data protection

Data protection is another key compliance issue when it comes to recording job interviews. If interviews are being recorded for the purpose of storing the data for later review, it is important to ensure compliance with relevant data protection laws. This may include the General Data Protection Regulation (GDPR) in the European Union, which requires organizations to protect the personal data of individuals and to provide clear information about how the data will be used [4]. In the United States, the California Consumer Privacy Act (CCPA) provides similar protections for the personal data of California residents [5].
It is also important to have appropriate policies and procedures in place for storing and handling recorded job interviews. This may include implementing technical and organizational measures to protect the data from unauthorized access, such as encryption and secure storage systems. It is also important to provide clear information to candidates about how the data will be used and protected and to ensure that the data is only accessed by authorized personnel for legitimate purposes.

Discrimination laws

Ensuring that the recording of job interviews does not lead to discrimination on the basis of protected characteristics, such as race, gender, age, and disability, is another compliance consideration. This may include avoiding asking inappropriate or discriminatory questions during the interview and using objective criteria to evaluate candidates rather than relying on subjective assessments.
According to a survey by the Equal Employment Opportunity Commission (EEOC), nearly 50% of all charges filed with the agency in 2018 were related to allegations of discrimination based on race, followed by sex (including pregnancy and gender identity), disability, and age [6]. By following best practices and avoiding discrimination during the hiring process, companies can help to protect themselves from potential legal liabilities and improve diversity and inclusion within their organization.

Accessibility

If recordings of job interviews are being made available for review by multiple people, it is important to ensure that the recordings are accessible to all. This may include providing transcripts or captions for individuals who are deaf or hard of hearing.
According to the World Health Organization (WHO), approximately 466 million people globally have disabling hearing loss [7]. By ensuring that recorded job interviews are accessible to individuals with hearing impairments, companies can create an inclusive and fair hiring process.

Security

Ensuring the security of recorded job interviews is a crucial compliance consideration, particularly if the data is being stored digitally. It is important to implement appropriate technical and organizational measures, such as encryption and secure storage systems, to protect the data from unauthorized access.
Data breaches and cyber attacks can have serious consequences for businesses, including financial losses, reputational damage, and legal liabilities. By implementing appropriate security measures, companies can help to protect themselves and the personal data of candidates from cyber threats.
In summary, recording job interviews can be a useful tool, but it is important to consider compliances related to consent, privacy laws, data protection, discrimination laws, accessibility, and security. By taking these factors into account, companies can ensure that the recording of job interviews is fair, transparent, and compliant.

Conclusion

Recording interviews can be very powerful and people managers should invest in this. It is also super important to ensure compliances are met and to do so, companies can utilize technology and software like BarRaiser which are compliant in data security, data protection, privacy, and confidentiality as per world-class global standards. For more information, visit BarRaiser’s, Compliance Page.

References

[1] Society for Human Resource Management. (n.d.). Interviewing and Selection. Retrieved from https://www.shrm.org/shrm-india/pages/shrm-india-trainings.aspx
[2] Knapp, M. J., & Hall, J. A. (1997). Nonverbal Communication in Human Interaction (5th ed.). Fort Worth, TX: Harcourt Brace College Publishers.
[3] Electronic Communications Privacy Act (ECPA). (n.d.). Retrieved from https://www.law.cornell.edu/uscode/text/18/2511
[4] European Union. (2016, May 25). Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation). Retrieved from https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32016R0679&from=EN
[5] California Consumer Privacy Act (CCPA). (2020, January 1). Retrieved from https://oag.ca.gov/privacy/ccpa
[6] Equal Employment Opportunity Commission. (2019, March 29). FY 2018 EEO-1 National Aggregate Report. Retrieved from https://www.eeoc.gov/equal-employment-opportunity-commission-state-and-local-government-information-eeo-4-2019-118
[7] World Health Organization. (2019, March 3). Deafness and hearing loss. Retrieved from https://www.who.int/news-room/fact-sheets/detail/deafness-and-hearing-loss

People also asked about

1. What is the purpose of recording job interviews?

The purpose of recording job interviews is to create a record of the conversation that can be reviewed at a later date. This can help hiring managers to more easily evaluate a candidate’s qualifications and fit with the company. Recordings can also be used for legal or compliance purposes.

2. Is it legal to record job interviews?

The legality of recording job interviews varies by jurisdiction. In most cases, it is necessary to obtain the consent of all parties being recorded. It is important to familiarize oneself with the relevant laws in the jurisdiction and ensure compliance.

3. How can I ensure that recording job interviews do not lead to discrimination?

To ensure that recording job interviews do not lead to discrimination, it is important to avoid asking inappropriate or discriminatory questions during the interview and to use objective criteria to evaluate candidates rather than relying on subjective assessments. It is also helpful to follow best practices for avoiding discrimination in the hiring process.

4. What are some best practices for recording job interviews?

Some best practices for recording job interviews include obtaining the consent of all parties being recorded. This also ensures following relevant privacy laws and protecting data in accordance with data protection laws. Avoid discrimination, and ensure the security of recorded data.

5. How can I improve the candidate experience when recording job interviews?

To improve the candidate experience when recording job interviews, it can be helpful to inform candidates about the recording process beforehand. Offering support during the interview, such as allowing breaks or providing water will also be helpful. It is important to clearly communicate the purpose of the recording and how the data will be used. Most importantly, ensure that candidates feel comfortable and respected during the process.

6. How can I ensure the recording interviews stay unbiased?

Recording interviews, in most cases, help you make them unbiased as the recency effect is mitigated. It also allows the interviewer to be more present in the interview. Furthermore, it can transport the interviewer back to the interview and provide objective feedback. If, however, you fear that having a video recording can bias the outcome, you can opt for an audio recording or only a transcript of the interview. 

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