May, 2013 - Ms. Maria Ostashenko
1. Is there a specific legal framework for the use of social media in the recruitment context?
There are no specific laws or regulations dealing with the use of information from social media in the recruitment context. However, the following general laws are relevant:
- Article 8, European Convention on Human Rights, 1950;
- Articles 23, 24 and 29, Constitution of the Russian Federation;
- Federal Law No.152-FZ of July 27, 2006 ‘On Personal Data’ (‘Data Protection Act’);
- Russian Federal Law No. 149-FZ of July 27, 2006 ‘On Information, Information Technologies and Information Protection’;
- Labor Code of the Russian Federation of December 30, 2001 No.197-FZ (‘Labor Code’).
2. Is it permitted to consult information which is publicly available on social media websites in the context of the recruitment procedure? What conditions apply (if any)?
Yes, provided that the individual made their personal data available to the public themselves or upon their request. There are no specific restrictions on the screening of public social media profiles of job applicants. However, recruiters must not base any recruitment decision on information regarding a job
applicant’s sex, race, skin color, nationality, language, origin, property status, social status, job position, age, residence, political and religious views or other facts not related to their professional abilities.
Recruiters must refrain from sending ‘friend requests’ or using any other measure with the sole purpose of gathering information about a candidate which they have deliberately limited access to. This practice may be considered as illegal by a court or by the data protection authority. However, there are not yet publicly available court judgments on these issues.
In accordance with the Data Protection Act and the Labor Code, a recruiter can only process that information available on social media which is necessary for recruitment. Recruiters should avoid collecting and further processing data related to the private life of the individual.
3. Is works council intervention required?
Work councils do not exist in Russia and Russian law does not provide for this term. Involvement of trade unions or other representative bodies is not required by law at the recruitment stage, unless it is prescribed by the collective agreement or other local normative act of the company or in some cases prescribed by the Labor Code, e.g. when the policy is a part of internal labor regulations.
Footnotes: This contribution aims at providing information. The information published in this contribution does not constitute legal advice. Action should be taken to obtain advice in each specific case. |
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