Reply to: GDPR - are you getting emails from recruitment agencies?

[Age quod agis]

I have only one SAR sent out so far. Some agency in Ireland and Bahrain

[cojak]

I had one yesterday that confidently stated that they didn't need my permission as they have conducted a "Legitimate Interests Assessment" and they don't need to ask me to keep my details.

I told them to feck off and delete me anyway.

[luki]

I've fired my first SAR today at a recruitment agency who emailed me about "catching up". The information they held states that they've acquired my data through Monster - for which I've never registered. Should I consider reporting them to the ICO? Tempted just to give them some payback

[Brussels Slumdog]

Ignore any GDPR emails from Brussels Slumdog as they are fake.

[DaveB]

And some of them just don't get it at all.

GDPR: Tech firms struggle with EU's new privacy rules - BBC News

Several tech firms have opted to block EU residents from using their services because of concerns they are not compliant with a shake-up to the 28-nation bloc's data privacy laws.

[saptastic]

what I find truly amazing is (not just rec agencies) but how many emails I have had today and yesterday.
there is going to be late nights and a flurry tonight I feel.

Can someone tell them they dont actually need to send an email.

lastminute.com

[Lance]

I will be replying with 'Please remove me from your mailing list' after the 25th, and them hitting them when they inevitably don't comply with this request.

I won’t be saying anything. Then DSARing the arse off any that annoy me.

1st DSAR is reserved for Vodafone though.

[cojak]

This.

The market for commercially harvested and sold contact lists is going to vanish after GDPR comes into effect. In order for it to work anyone buying a mailing list has to get evidence from the seller that everyone on that list has explicitly consented to being contacted by the buyer. This is never going to work in practice and I've had several "lively" discussions with marketing managers about it.

You can distribute marketing material under the banner of "Legitimate Interests" but you have to conduct an assessment of whether your legitimate interests as a business carry more weight that the privacy expectations of the subjects. In essence, if they would not reasonably expect you to contact them, then you can't and if you do and they complain to the ICO you may find yourself on the wrong end of an ICO investigation.

So, if you have had dealings with an agency in the past to discuss a role or put forward for one, then they can reasonable expect you not to be unhappy if they contact you in the future, and you should not be that surprised if they do, unless you have told them otherwise. If they've never had contact with you before then spamming you without warning is a no-no.

I will be replying with 'Please remove me from your mailing list' after the 25th, and them hitting them when they inevitably don't comply with this request.

[cojak]

Interesting to see how GDPR is interpreted differently between agencies and in general.
Getting so many emails - mix of re-consent , here is an updated privacy policy, competitions to re-consent and some no contact. My understanding is that if data is collected correctly in the first place and legitimate interest no need for re-consent. And if they are a relevant company then why wouldn't I engage for more. Are you getting many emails?

Most of them have NOT obtained my details correctly or with my consent however. I am happily binning their emails without even opening them.

[uk contractor]

Got about 30 emails this last week or so from agencies but I am ignoring the lot & the constant requests to re-register. If they want you bad enough they will call you regardless anyway! That is the collective agency mindset. Rules, laws & commonsense do not ever apply unless its in their interests!

[saptastic]

I reckon 80% of the GDPR emails are from companies that I have never heard of let alone registered with.

[cporter]

Been getting spammed with these email every hour............it's enough

[saptastic]

Depends on what they are citing as their legal basis for processing.

If they are claiming Legitimate Interests rather than Consent, which they can do if you've previously dealt with them in any way - Sent them a CV, responded to a job email etc. then you do need to opt out. In that case they can argue that you would reasonably expect them to contact you about roles in the future as you have engaged with them on that basis in the past, and it doesn't give rise to an unreasonable risk to your privacy. You can ask them to stop doing it, but that is where you have to actively opt out.

The ones that need consent are the ones who have never had any previous contact with you other than them sending you stuff. They are the ones who will have to remove you from their lists if you don't actively opt in.

Yes that is my understanding and well articulated!

If you have registered with them and that registration was clear i.e. T&C's, ability to unsubscribe etc then they dont need reconsent.

Of course if someone got your details in a way that was not through a contract/legitimate sign up etc then they should ask for reconsent to carry on.

[DaveB]

Getting about 10 - 15 per day now . Loads of agencies I've never used (got all my applications back to 2005 in my history folder)
Most agencies also don't understand GDPR as you have to email them or visit their website to opt out

Depends on what they are citing as their legal basis for processing.

If they are claiming Legitimate Interests rather than Consent, which they can do if you've previously dealt with them in any way - Sent them a CV, responded to a job email etc. then you do need to opt out. In that case they can argue that you would reasonably expect them to contact you about roles in the future as you have engaged with them on that basis in the past, and it doesn't give rise to an unreasonable risk to your privacy. You can ask them to stop doing it, but that is where you have to actively opt out.

The ones that need consent are the ones who have never had any previous contact with you other than them sending you stuff. They are the ones who will have to remove you from their lists if you don't actively opt in.

[Eirikur]

what should they be offering ?

You have to opt in, if you don't do that you are automatically opted out