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Is it Ethical to Record Your Candidate Interviews?

There are many times when it would be great to have a recording (either audio or video) of an interview with a candidate. You could go back through the interview later to review responses, it could be used afterwards for coaching the candidate, and you could forward recordings of great prospects to the hiring manager/company.1) Is it legal to record, and if so under what circumstances? 2) Is it ethical, proper, or “wise” to do so, and under what conditions? At Vonei we suggest recording tools to our users when they ask, but we have been reluctant to build in a recording function until we feel comfortable with the risks and benefits. Your thoughts?

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Nik Kellingley
HR, Training and Development Consultant, Self-Employed
Posted on Jan. 24, 2010

I'm not convinced it is ethical to ask the candidate, let alone do it.

The problem is that most of us become self conscious when we're recorded, and thus become more muddled for it. Interviews are already a stressful experience and this just makes it more so. And a willingness to please a potential employer is going to ensure that candidates say yes, even when they'd rather you didn't.

However it is legal to record with the candidate's say so (in writing) and the legal uses are based on the candidate's consent too.

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Nik Kellingley
HR, Training and Development Consultant, Self-Employed
Posted on Jan. 24, 2010
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Gladys, I agree that we are under surveillance all the time. But for the main, that is passive surveillance which may be used to investigate criminal events and not active surveillance where you will be the star of the show.

My main occupation area is learning and development, I have been filmed and recorded and I quite enjoy that. It's part of developing a learning experience after all, but... I choose the content that is used beyond the event in which the recording takes place. Good and bad, sometimes, others just the good.

Using candidates as a free source of training, other than the standard experiential training that comes from conducting an interview, is not ethical. They do not work for your company. They are not your property and their image rights are their own.

Imagine, early in your career you go for an interview which is a bit of disaster and a large company in your field recorded it, and used it for training purposes, and literally hundreds of recruiters see you at your worst. Then everytime you step back into an interview room, these recruiters who have now moved on throughout the industry see you and have already made up their minds about you due to an off day many years ago. That's not acceptable.

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A Fitzpatrick
Vonei LLC
Posted on Jan. 25, 2010
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@Nik/Gladys - thanks for the thought provoking answers! In reading your responses it becomes clear that being recorded cuts both ways. A recording can become part of a permanent record, just like comments written on a paper resume. If the recruiter or hiring manager doesn't ask the right/appropriate questions, or say something inappropriate, now there would be a record of it. That's not good if it is needed as "evidence" at a later date.

To your point Nik about what happens to the recording afterwards, clearly the entire process must be explained to the candidate, beyond just the fact they are going to be recorded. What do you do with the recordings? How long will they be stored? What is the recruiter's privacy policy? If recordings are merely passed on to others involved in the hiring process, and then deleted as a matter of policy, it might be considered more acceptable. I would certainly hate for my bad interview to be the role model in a training class of what not to do!

Thank you both!

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Gladys Range
CEO,CFO,VP,Director, GVR SAI
Posted on Jan. 24, 2010
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I believe it could be ethical in some instances where a security profile needs to be established and it is disclosed to the potential candidate prior to the recording, obtaining concensus.
However, capturing electronic media for the purpose of screening a candidate in a private or public place or event prior to or following hiring procedures might create a legal issue in regard to individual privacy.

I believe it is ethical to record or video record a public talk or public event, if use for reference not for incrimination or distribution, unless otherwise understood as not permited.

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Gladys Range
CEO,CFO,VP,Director, GVR SAI
Posted on Jan. 24, 2010
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Nik - Your comment is very valid in regard to intimidation and written concent. However, if you study the current public infrastructure, when walking or driving in the streets of any metropolitan area, video recording is taking place. It is a standard procedure under current security vulnerability and concern.

I agree a work environment shouldn't have to record a candidate's interview unless it was requiered by a specific agency with in the high security offices of the government or even a corporate policy in support of their agencies.

There is Global concern and reaction to mitigate, using what we consider extremely intrusive transportation, metropolitan surveillance, and even business and private technology infrastructure intrusion when compared to privious decades. Current health issues and devastating events do benefit from the same technology and are currently strugling to implement and take advantage of it. Unfortunatelly, It is a different world we are leaving in today!

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Kenan Bektas
Director, DB Streams, Inc.
Posted on Jan. 25, 2010
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It is ethical as long as you notify the other party. However, on the flip side, the person you are interviewing may not feel comfortable or act naturally if they know that a recording is in place.

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Gladys Range
Posted on Jan. 26, 2010
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Thanks for initiating this ethical focused group A. Fitzpatrick
Nick/Kenan - It is very interesting to understand the role advanced science and technology plays in our culture either private, educational, business, social, government securiy ? any more...Evidently Nick you are involved at a higher level 'LEARNING". Here are a few more thoughts.

We are introduced through out our lives to evolving technology and we need to embrace it & learn it, to enable somewhat significant role playing with in those aspects of our cultures in diverse society interactons.

One aspect of interest to me is the incredible disrregard for the ethical impact some scietific technology development has upon deployment. It is generally introduced, as the latest novelty! It evolves and develops during the users learning curve. This leaves open gates to crime by unethical individuals or individuals unaware of unethical practices and with potential impact to vulnerable individuals, communities, and their cultures.

On the other hand, new scientific & techology R&D generates momentum and new discovery. And this same rapidly evolving technology is enabling advance learning models and scientific applications. It is good where policies are in place and good practices are followed. Even then, and with regulatory guidelines, protecting individuals and the environment it is a tough fortune cookie to crack isn't it?

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This is a thought provoking discussion. There are a lot of aspects to consider before recording an interview.

Clearly, the candidates’ permission is required. Quite often, candidates may refuse for the reason mentioned by Nik. Perhaps an alternative could be to haze their face and censor their name during the video. Or the candidates can be provided the following options:
1. No recording – this will not play a role to determine whether or not they qualify for a job.
2. Partial recording – where the interviewee’s name and face is censored to hide their identity. This can be used for training purposes only.
3. Complete recording – where everything is recorded. This video can then be used for training purpose and may be provided to future clients.

Another aspect to consider is the ethnic origin and their level of ethnicity. Living in the gulf, I know that Arabs are very conservative about displaying themselves. Hence, a typical Arab woman wears a black cloak with a head scarf. Some conservatives chose to wear a veil which covers their entire face except their eyes.

I am not sure A Fitzpatrick where you are currently located. Therefore, the country laws and therefore the legality of recording interview may vary from country to country.

On a personal level, as an Asian living in the gulf, I would let the recruiter record the video if my identity is held confidential and it is used for training purposes only as I am assured that criminal methodologies cannot be applied as mentioned by Gladys.

Hope this helps.

0
  • Recommended by:

This is a thought provoking discussion. There are a lot of aspects to consider before recording an interview.

Clearly, the candidates’ permission is required. Quite often, candidates may refuse for the reason mentioned by Nik. Perhaps an alternative could be to haze their face and censor their name during the video. Or the candidates can be provided the following options:
1. No recording – this will not play a role to determine whether or not they qualify for a job.
2. Partial recording – where the interviewee’s name and face is censored to hide their identity. This can be used for training purposes only.
3. Complete recording – where everything is recorded. This video can then be used for training purpose and may be provided to future clients.

Another aspect to consider is the ethnic origin and their level of ethnicity. Living in the gulf, I know that Arabs are very conservative about displaying themselves. Hence, a typical Arab woman wears a black cloak with a head scarf. Some conservatives chose to wear a veil which covers their entire face except their eyes.

I am not sure A Fitzpatrick where you are currently located. Therefore, the country laws and therefore the legality of recording interview may vary from country to country.

On a personal level, as an Asian living in the gulf, I would let the recruiter record the video if my identity is held confidential and it is used for training purposes only as I am assured that criminal methodologies cannot be applied as mentioned by Gladys.

Hope this helps.

0
  • Recommended by:

This is a thought provoking discussion. There are a lot of aspects to consider before recording an interview.

Clearly, the candidates’ permission is required. Quite often, candidates may refuse for the reason mentioned by Nik. Perhaps an alternative could be to haze their face and censor their name during the video. Or the candidates can be provided the following options:
1. No recording – this will not play a role to determine whether or not they qualify for a job.
2. Partial recording – where the interviewee’s name and face is censored to hide their identity. This can be used for training purposes only.
3. Complete recording – where everything is recorded. This video can then be used for training purpose and may be provided to future clients.

Another aspect to consider is the ethnic origin and their level of ethnicity. Living in the gulf, I know that Arabs are very conservative about displaying themselves. Hence, a typical Arab woman wears a black cloak with a head scarf. Some conservatives chose to wear a veil which covers their entire face except their eyes.

I am not sure A Fitzpatrick where you are currently located. Therefore, the country laws and therefore the legality of recording interview may vary from country to country.

On a personal level, as an Asian living in the gulf, I would let the recruiter record the video if my identity is held confidential and it is used for training purposes only as I am assured that criminal methodologies cannot be applied as mentioned by Gladys.

Hope this helps.

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Mark Bugaieski
HR Director, Illinois CancerCare
Posted on Feb. 15, 2010
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Ethical? Yes, with their permission.

Productive? Absolutley not. Your goal is to evaluate the candidate. Any kinkd of recording is going to initimidate them and interfere with your job.

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