An employer can use artificial intelligence (AI) as part of the recruitment process (for example, CV screening or automated video interviewing software) but it must put safeguards in place.
Under the UK General Data Protection Regulation, where a decision based solely on automated decision-making would significantly affect the individual (which would cover a decision made by AI on whether to shortlist them for employment), the employer must inform them that:
the decision is automated;
they have the right to require human intervention in the decision; and
they have the right to express a view and to contest the decision.
The employer must ensure that there is a procedure in place to allow staff to review the decision and make a new assessment of whether to shortlist an individual, if they object.
Where employers do make use of AI in the shortlisting process, they should carefully monitor diversity data relating to successful and unsuccessful applicants to identify any patterns suggesting bias or discrimination.
