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Video interviews - what are the legal implications?

3 months ago by


In recruitment we’ve seen rapid growth in the use of video interviewing  

Rather than focusing on the legal perspective, we’ve all been more interested in the evolving use of technology and how it acts as a business enabler, making the process of reviewing candidates a lot easier and more efficient. 

Allowing candidates to answer a series of questions on their phone or laptop makes perfect sense - but it’s when the conversations are recorded that things get more interesting.

Who's getting it right?

Not some of our high street banks, evidently! I recently met with a financial advisor at my bank. At the start of the meeting I was asked to agree to having the meeting recorded for training purposes. The advisor was surprised when I objected.

I explained that I was concerned that my conversation, which would contain sensitive data like my spending habits or earnings, would then be shared with other bank staff to provide training. The only course of action by the bank at this point was to terminate the meeting, as they couldn’t proceed without recording, but couldn't say how the recording would be stored securely or for how long.

When it comes to data protection, GDPR and the bank’s data retention rules - despite the rules around recording of conversations being very clear - it seems that the bank feels that it has a business right that trumps the rights of the individual. In my view this is a dangerous assumption to make.

What legal obligation do all businesses have when recording interviews or conversations?

  • Candidates need to be made aware that these videos will be recorded and potentially shared

  • You must record that you have consent for use of this video and how it will be used

  • All videos need to be stored securely and be capable of being deleted when requested by a user to do so

  • Any staff member reviewing videos must use either a soundproofed audit room or headphones to ensure that the candidate details can’t be overheard by people who don’t need to hear them

  • With the GDPR coming into effect in May, you must allow the candidate the opportunity to request the right to be forgotten and to record that this has happened

  • If you use a third party solution you have to ensure they comply with the above rules too.

For help and support on GDPR for recruitment, visit the GDPR page on our website or get in touch



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