Interview Intelligence Consent

This article aims to advise and provide usable guidance and does not constitute legal advice.

In the EEA, call recordings are subject to GDPR. You should always obtain consent from each participant if recording the call, and advise them of the benefits for both candidate and interviewer.

In the US, call recording laws vary at the Federal and State level. Federal law makes single-party consent mandatory. However, 12 states have adopted "two-party" consent (requiring all participants to be notified).

For other countries, laws will differ and you should always seek legal advice.

The jurisdiction a call falls under can be unclear. For example, calls from a one-party consent state to a two-party consent state may be ruled to fall under the two-party consent state jurisdiction. If in doubt our guidance would always be to assume two-party consent is required.

In the most part implied consent is the commonality, by virtue of a candidate accepting the interview and in turn staying on the call. In the EEA, this is not always the case where it must be acknowledged by the candidate.

Participants can be notified in a number of ways:

As best practice we recommend finding a single approach to use across the business to ensure compliance and a seamless experience for candidates. The Client Service Team are more than happy to advise and support in establishing a protocol that works for your business.

For booked meetings, a good approach is to notify the other attendee(s) in the footer of the calendar invite e.g. "Interviews are recorded for training and in order to enhance and improve candidate experience."

Each case varies, feel free to get in touch with your designated CSM to create a bespoke plan.