Eight organisations ruled in contravention of the Personal Data (Privacy) Ordinance for placing blind ads on JobsDB

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The Privacy Commissioner appealed to employers to increase transparency in placing recruitment advertisements.

The Office of the Privacy Commissioner for Personal Data (PCPD) had earlier initiated investigations against the act of placing Blind Ads on the online recruitment platform JobsDB by eight organisations to collect personal data from job applicants.

As a result, the Privacy Commissioner found that all of the eight organisations that had placed blind ads on JobsDB, as well as JobsDB that published the same on its platform, were involved in the unfair collection of the job applicants’ personal data, and this constituted contraventions of DPP1(2) of the Personal Data (Privacy) Ordinance (PDPO).

The PCPD elaborated that in general, a blind ad is one that does not identify the recruiting organisation (either the employer or a recruitment agency acting on its behalf) nor contain sufficient information to identify the organisation. It does not provide a means for job applicants to make further enquiries, or such means do not contain sufficient information to identify the organisation, but directly invites job applicants to submit their personal data, such as their HKID Card numbers, contact details or resumes.

The eight recruiting organisations under investigation were found to publish recruitment advertisements in the name of a “Private Advertiser” on JobsDB without disclosing the organisation’s name, requesting job applicants to submit their personal data to unknown recruiting companies. The eight recruiting organisations in question are also “data users” under the PDPO and they involve prospective employers and those acting on their behalves.

Their businesses are in the areas of financial securities, apparel retail, Chinese medicine and transportation services, etc.

Having considered the circumstances of the cases and the information obtained from the investigations, the Privacy Commissioner, Ada Chung Lai-ling, found that all of the eight organisations and JobsDB were both in contravention of the PDPO.

The Privacy Commissioner has therefore served enforcement notices on JobsDB and three recruiting organisations, directing them to take measures to remedy the contraventions and prevent the recurrence of similar contraventions in future, and issued an advisory letter to each of the remaining five organisations.

The Privacy Commissioner called upon other operators of online recruitment platforms to beware of anyone using blind ads to perpetrate frauds or collect personal data by unfair means; and carefully review recruitment advertisements received to identify Blind Ads and avoid publishing the same in order to protect the personal data privacy of members of the public.

In addition, to protect job applicants’ personal data and project a positive corporate image, the PCPD appealed to employers to increase transparency in placing recruitment advertisements and disclose the identities of the organisations; as well as refrain from placing blind ads to collect job applicants’ personal data. If necessary, they can consider engaging a recruitment agency that is identified in the advertisement to collect personal data from job applicants.

Photo / The Office of the Privacy Commissioner for Personal Data (PCPD)