We won a precedent-setting case before the Supreme Administrative Court concerning retention of recruitment data (ref. no. III OSK 2700/22) against the President of the Personal Data Protection Office. Candidate data does not need to be deleted immediately after recruitment. 

Contrary to the previous position of the previous President of the PDPO, the processing of candidates' personal data after the recruitment is completed is not ‘in-advance’ processing, but is necessary for possible claims of unequal treatment and discrimination.

The employer has a purpose, arising from its legitimate interests, in retaining the candidates' personal data after the recruitment has been completed for the period of the statute of limitations for claims (i.e. 3 years from the date the claim became due).

It is worth remembering that retention of the CV will only defend the employer against claims if the candidate, after submitting the CV, did not qualify for the next stage and did not participate in any recruitment activities due to non-fulfillment of the requirements specified for the position. As for the subsequent stages, the employer should retain such data as will allow it to demonstrate that the entire recruitment process was based on merit.
 

Find more in the PRO HR March 2024.