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Can I contact a previous employer whose name appears in a CV?

Introduction

In his curriculum vitae (CV), a candidate indicated a previous employer, without necessarily mentioning them his references.

Trigger

The Human Resources Department (HRD) contacted this employer to get his opinion on the candidate.

Incident

The employer was surprised as the candidate who had never worked for him, had filed his candidacy with him as well.

Resolution

The appointment of the candidate was compromised on both sides.

Conclusion

Data protection also applies to the hiring process. The candidate's consent is presumed only for those references that he has mentioned.

timbre signification

Recommendations

Without the prior consent of the candidate, a potential employer is not allowed to contact the people mentioned in the CV, who are not specifically mentioned as referees.

Basic principles

LIPAD 37 al. 1 and 2 ; CO 328 and 328b ; DPA 4, 7 ; OFADP 8ss 

Principle of legality, good faith, transparency and data security (privacy)

Resources

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