Data protection when applying for jobs Thread poster: Lingua 5B
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Lingua 5B 
Bosnia and Herzegovina
Local time: 14:57
Member (2009)
English to Croatian
+ ...
I am concerned about my email being used for wrong purposes (unintended purposes) during job applications. I will illustrate it with examples.
Example 1:
I apply for a job, the outsourcer soon comes back to me saying the job was already assigned, but directing me to enter my details in their database for future opportunities. This is such an obvious scam and I never do that, i.e. I never proceed with joining their database. I am generally not interested in databases, es... See more I am concerned about my email being used for wrong purposes (unintended purposes) during job applications. I will illustrate it with examples.
Example 1:
I apply for a job, the outsourcer soon comes back to me saying the job was already assigned, but directing me to enter my details in their database for future opportunities. This is such an obvious scam and I never do that, i.e. I never proceed with joining their database. I am generally not interested in databases, especially not when using scam tricks to populate them. I don't make a fuss about this, this scam has been going on for long. However, recently, one such scammer comes back to me saying how he added me to their database, and if I could complete it further with my details. I asked him who approved my email being used for other purposes than it was intended for (which was an application for a specific job, I never approved it being added to a database).
How is this example treated from a legal standpoint? Where can we report this?
Example 2:
An outsourcer posts a bunch of jobs. Some of them met my skills so I applied, they inquired many times, but never actually assigned any job to me. I now keep receiving a bunch of promotional emails form them, webinar promotions, newsletters. I never opted for these. I only gave them my email for a specific job. Their newsletter does NOT contain "unsubscribe" button, I thoroughly checked it, it is nonexistent.
How is this example treated from a legal standpoint? Where can we report this?
Thank you for your opinions and tips.
[Edited at 2023-12-05 11:21 GMT] ▲ Collapse
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I don't really see why you consider databases a scam, as long as you are aware of your entry into the database.
Anyway, to answer your question, in the EU + other countries, you have rights (GDPR), meaning that you can demand your entry to be deleted (as long as you never did any business with them). You can however demand that they "hide" you in their database if they at some point in time were a client, and that they delete you whenever this is possible accountingwise.
... See more I don't really see why you consider databases a scam, as long as you are aware of your entry into the database.
Anyway, to answer your question, in the EU + other countries, you have rights (GDPR), meaning that you can demand your entry to be deleted (as long as you never did any business with them). You can however demand that they "hide" you in their database if they at some point in time were a client, and that they delete you whenever this is possible accountingwise.
I think most OECD-countries have similar legislation, but it would have to be answered country by country.
This is regaring you as a physical person. If you are a registered busines entity, you have almost no rights.
[Edited at 2023-12-05 12:05 GMT] ▲ Collapse
| | | | Lingua 5B
Bosnia and Herzegovina
Local time: 14:57
Member (2009)
English to Croatian
+ ...
TOPIC STARTER | I was NOT aware? | Dec 5, 2023 |
I was just informed I was added to a a database for potential opportunities, I was not aware of it advance, nor was I asked about it.
Original intention was: application for a specific job. This job did not mention "potential opportunities" or databases, it invited us to a specific job that's actually available.
Should I not first be asked whether I want to be added to a database, I never had this happen to me before.
Yes, it is as a physical person.
... See more I was just informed I was added to a a database for potential opportunities, I was not aware of it advance, nor was I asked about it.
Original intention was: application for a specific job. This job did not mention "potential opportunities" or databases, it invited us to a specific job that's actually available.
Should I not first be asked whether I want to be added to a database, I never had this happen to me before.
Yes, it is as a physical person.
Thanks for your answers but they are actually not answered. I am already aware I can ask for deletions, but that was not the question. My question was whether what they were doing was legit, from a legal standpoint. Me asking for deletions does not suddenly make everything right.
Are "unsubscribe" buttons legally compulsory, especially considering the fact I never opted for their newsletters, they just used my email at their own discretion? Shouldn't data be used for the purposes they were sent/intended for, not just randomly how someone sees it fit?
[Edited at 2023-12-05 12:22 GMT] ▲ Collapse
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It depends on the jurisdiction.
If you are unhappy, you can contact the data authorities in the country in question.
In general, business are allowed to have databases with potential collaborators, but should also provide a privacy statement. The limitations are mainly in the usage of the personal data and in the sensitive categories.
[Edited at 2023-12-05 12:33 GMT]
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Lingua 5B
Bosnia and Herzegovina
Local time: 14:57
Member (2009)
English to Croatian
+ ...
TOPIC STARTER | Not about that | Dec 5, 2023 |
The question was not about whether they are allowed to have databases, at all.
The question was whether, if my email is about to be used for purposes other than what was intended, I should first be informed about that and asked to give my approval first?
In the instances above, that would have been:
Ex. 1: If you want to be added to our database, click here and proceed.
Ex. 2: If you want to opt for our newsletter, click here and proceed.
... See more The question was not about whether they are allowed to have databases, at all.
The question was whether, if my email is about to be used for purposes other than what was intended, I should first be informed about that and asked to give my approval first?
In the instances above, that would have been:
Ex. 1: If you want to be added to our database, click here and proceed.
Ex. 2: If you want to opt for our newsletter, click here and proceed.
I didn’t get either 1 or 2, they just decided it for me and used my email for those purposes without approval.
[Edited at 2023-12-05 12:37 GMT] ▲ Collapse
| | | | | Again, it depends | Dec 5, 2023 |
As mentioned, it depends on jusrisdiction.
In GDPR, if you are actively quoting on a job, I would assume that no consent it needed for keeping you/your quotation in their records. But they would probably need your consent for contacting you for other assignments.
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You still haven't said whether the company is based in the EU. If so, I think that them entering your information in a database without your explicit consent is at least worth reporting to the data protection authority responsible for them (that information is required to be in the legal notice on their website). Whether or not it was legal will depend on their data privacy statement and what legal grounds they give for collecting and processing which information (and the retention periods). ... See more You still haven't said whether the company is based in the EU. If so, I think that them entering your information in a database without your explicit consent is at least worth reporting to the data protection authority responsible for them (that information is required to be in the legal notice on their website). Whether or not it was legal will depend on their data privacy statement and what legal grounds they give for collecting and processing which information (and the retention periods).
Without knowing what country the company is based in, it's very hard for anyone to give you any more specific advice, though. ▲ Collapse
| | | | | One More Concern | Dec 9, 2023 |
One more concern I have when a client or an agency asks me if it is alright to register my name in their database is that I might receive spam emails from them, other than their unwanted newsletter.
I started receiving spam mails in my inbox in French and Polish after I got an offer from a French company but have never worked with them. Same for the Polish company. I guess my email has been leaked in both cases to spyware or malware or whatever you want to call it, since I know that... See more One more concern I have when a client or an agency asks me if it is alright to register my name in their database is that I might receive spam emails from them, other than their unwanted newsletter.
I started receiving spam mails in my inbox in French and Polish after I got an offer from a French company but have never worked with them. Same for the Polish company. I guess my email has been leaked in both cases to spyware or malware or whatever you want to call it, since I know that these unsolicited and non-understandable (Polish) emails have started arriving AFTER I registered or sent a quote replying to their ad on Proz job page.
And it's really weird that you never receive these kinds of unsolicited and irrelevant spams from companies or clients with whom you work with regularly.
Edited for typo.
[Edited at 2023-12-09 16:01 GMT] ▲ Collapse
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