Guidelines for Collecting Personal Information During the Recruitment Process in Quebec

During the recruitment process, the collection of candidates’ personal information by employers plays an important role in assessing a potential employee’s profile and skills. In Quebec, this practice is governed by various provisions of the Act respecting the protection of personal information in the private sector (Act) and the Charter of human rights and freedoms (Quebec Charter). Recently, Quebec’s government agency responsible for overseeing and adjudicating access to information, the Commission d’accès à l’information (CAI), published guidelines (available in French only) on collecting personal information in a recruitment context (Guidelines). The Guidelines provide valuable insight into the CAI’s position on the matter.

According to the CAI, employers may only collect personal information after it is deemed necessary for recruitment purposes.

In assessing the necessity of collecting personal information, the CAI reiterates that practicality and greater efficiency, in both time and money, do not constitute valid justifications. The necessity of collecting personal information must be determined based on the purpose of the collection and its proportionality. The CAI considers the collection of personal information to be necessary if the following conditions are met:

• The purpose is legitimate, important and tangible
• The invasion of privacy is proportional to such purpose, for example:
  • The collection of information and the purpose thereof are logically related
  • The invasion of privacy is kept to a minimum; in other words, no other means exist to achieve the same purpose that would result in a lesser invasion of privacy
  • The collection, use or disclosure of the candidate’s personal information is far more beneficial to the business than to the candidate’s detriment

Pursuant to the Guidelines, an employer that retains the services of a recruiting agency remains responsible for the personal information of the candidates collected by the agency. However, the CAI’s position on the exact scope of this responsibility remains ambiguous. In particular, it is unclear whether such responsibility is limited to information transferred by the agency to the employer or also applies to all personal information processed by the agency within the scope of its mandate.

What Information Can Be Collected and When

The Guidelines also clarify the types of personal information that may be collected throughout the various stages of the recruitment process.

1. Applications

At the application stage, the Guidelines indicate that an employer may request certain information to select a candidate corresponding to the job description. This information, which may be provided in the candidate’s curriculum vitae or a form supplied by the employer, may include the following:

• First and last name
• Phone number
• Email address
• Academic history
• Professional experiences
• Skills
• Interests

A request for personal information must always be justified. Requested information may also vary according to a position’s specific requirements. In addition, employers that use artificial intelligence to screen the information they collect must disclose this to candidates at the outset of the recruitment process.

The CAI notes that employers may not ask for references at this stage.

2. Candidate Assessments

As part of the Guidelines, the CAI has developed recommendations for assessing candidates:

• Interviews. At the interview stage, employers may ask candidates for identification to confirm their identity. However, they should not make photocopies of the identification being presented or make note of the information it contains.
• Discrimination. Pursuant to the Quebec Charter, employers may not ask questions regarding prohibited grounds of discrimination (for instance, age, gender, religion, ethnicity or sexual orientation). However, such questions would be permitted if they pertain to a legal requirement of the position or if the employer is a non-profit organization and the questions are necessary for it to carry out its specific mission.
• Psychometric and psychological testing. These types of tests may only be used to assess a candidate’s abilities that are directly related to the position being filled.

3. Qualifications and References

The Guidelines provide indications with respect to verifying a candidate’s qualifications and references.

• References. Following the interview process, and with the candidate’s written consent, an employer may verify the candidate’s qualifications by contacting their references or consulting a document or external file.
• Social Media. The CAI recommends that employers refrain from looking into candidates’ social media profiles as this generally constitutes an unwarranted invasion of privacy, given the purpose of the hiring process. This may result in the employer becoming aware of certain candidate characteristics that may constitute grounds for discrimination prohibited by the Quebec Charter. The Guidelines recommend that employers only consult the professional profiles of candidates.
• Medical Information. If the collection of medical information is necessary, it must be done with the candidate’s consent and carried out by completing a questionnaire, obtaining medical records or testing. The process must not be intrusive, systematic or unnecessarily broad in scope. Medical questions must be related to the skills required for the position and may not address non-relevant private matters, such as the candidate’s medical history or previous consultations. In addition, medical questions may not address functional limitations unless they are directly related to the skills required for the position.
• Criminal Background Checks. A criminal background check must be associated with a specific position requirement, and only necessary information may be collected.

The Guidelines provide a better understanding of the CAI’s position on the collection of personal information in the context of employee recruitment. By issuing the Guidelines, the CAI confirms that employers should exercise caution when collecting personal information and remain compliant with the Act and the Quebec Charter.

For more information, please contact the authors or any other member of our Employment & Labour group.