Using AI to recruit

An employer can use artificial intelligence (AI) as part of the recruitment process (for example, CV screening or automated video interviewing software) but it must put safeguards in place to provide for human review of the decision.

Under the UK GDPR(retained from EU Regulation 2016/679 EU), individuals have the right not to be subject to a decision based solely on automated decision-making. The right would cover a decision on whether to shortlist someone for employment.

There is an exception to this right where automated decision-making is "necessary" to enter into a contract. However, in most cases, it is unlikely that automated decision-making would be "necessary", as it will usually be possible to make the shortlisting decision with human intervention.

Even where the exception does apply, the employer can make shortlisting decisions on a solely automated basis only if it informs the individual of this and puts in place safeguards, including the right for the individual to require human intervention in the processing, to express a view and to contest the decision.

The employer must ensure that there is a procedure in place to allow staff to review the decision and make a new assessment of whether to shortlist an individual, if they object.

Where employers do make use of AI in the shortlisting process, they should carefully monitor diversity data relating to successful and unsuccessful applicants to identify any patterns suggesting bias or discrimination.