Deletion of job applicant data after seven months

Job applicant data naturally serves as the basis for deciding whether to start an employment relationship with a certain applicant.

In principle, applicant data must be deleted after the six-month period according to Section 29 para 1 GlBG (Gleichbehandlungsgesetz – Equal Treatment Act) has expired. However, the Data Protection Authority has decided that the deletion period of applicant data will be extended by one month. This additional month is considered reasonable and not disproportionately long. Through this one-month extension potential legal action is taken into account.

A period of seven months from receipt of the application is therefore appropriate for storing applicant data.

If job applicant data is required for a longer period, it is advisable to obtain the applicant’s express consent to storage or retention of their data. The consent can however always be revoked at a later date.

Austrian Data Protection Authority of 27/08/2018, DSB-D123.085/0003-DSB/2018