Canada (Québec) — Law 25 (private-sector privacy and automated-decision transparency)
What it asks of employers
- Tell candidates what you collect and get valid consent. When you collect a candidate's personal information (or before), tell them the purpose, the categories collected, and their rights to see and correct it — and get consent that is clear, free, and informed for each purpose.
- Tell candidates about fully automated decisions and offer a human review. If a decision about a candidate is based exclusively on automated processing, inform them of that at or before the decision; and on request, tell them the personal information used and the principal factors that led to it, and let them submit observations to a member of staff who can review the decision.
- Name a privacy officer and assess a screening tool before you use it. Designate the person in charge of protecting personal information, and before you put an automated screening system into use, carry out a privacy impact assessment — with scrutiny proportionate to the sensitivity of the data and the number of candidates involved.
- Assess the privacy impact of storing candidate data outside Québec. Before candidate information is communicated or stored outside Québec, weigh the privacy impact of the transfer — using Amp's information on where data is held — and record the transfer arrangement.
- Report confidentiality incidents to the regulator and affected candidates. If a confidentiality incident involving candidate information presents a risk of serious injury, promptly notify the Commission d'accès à l'information and the affected candidates, and keep a register of all such incidents.
What Amp does
- Amp answers candidate requests to see their data. When a candidate asks to see the personal information you hold about them, Amp gathers it through the Privacy Console so you can respond within the statutory time limit.
- Amp keeps candidate data only as long as it's needed. Amp holds each candidate's information only for the time your organization's retention policy allows, then destroys it or anonymizes it once the purpose it was collected for has been achieved.
- Amp deletes candidate information when required. When a candidate's information must be destroyed — because they asked or because it's no longer needed for the purpose collected — Amp removes the data it holds through its deletion process.
- Evidence of how an automated decision was reached. Amp scores every candidate on the same job-related setup and can produce a tamper-evident package documenting the factors and method behind a score, which supports the information and reasons you must give a candidate about a decision based on automated processing.