Every now and then, I find myself hesitating over the delete button when an unsolicited resume arrives in my inbox. As recruiters and HR professionals, we may wonder: are we legally allowed to discard resumes? After talking with several colleagues, it’s clear that many are still uncertain about the requirements for retaining resumes. This uncertainty often leads to overstuffed inboxes filled with resumes that we’re holding onto “just in case.”
While finding a straightforward answer can still be a bit tricky, here’s what we now know in 2024:
The Facts
Employee Records
According to Alberta Employment Standards, employers must keep accurate and up-to-date records for each employee. These records must be stored securely and retained for at least 3 years after the employee’s departure (Alberta Employment Standards Code, Section 15). This includes records such as employment contracts, performance reviews, and termination documents.
Personal Employee Information
Under the Personal Information Protection Act (PIPA) in Alberta, “personal employee information” refers to any personal data collected, used, or disclosed for employment-related purposes. This includes not just current employees but also potential employees—meaning job applicants and their resumes fall under this category (PIPA, Section 1(1)).
Resumes
Resumes, being part of personal employee information, are subject to similar requirements. If a resume or any recruitment-related information (such as telephone screenings, interview notes, or reference checks) was used to make a hiring decision, it must be retained for at least 3 years after the recruitment process is complete. This allows candidates to access the information if they wish and ensures compliance if a hiring decision is legally challenged.
Handling Unsolicited Resumes
Unsolicited resumes are also considered personal information, but how they are handled is more flexible. PIPEDA(Personal Information Protection and Electronic Documents Act) outlines principles for handling personal data, including unsolicited resumes. Specifically, under the principle of “limiting use, disclosure, and retention,” you should only retain personal information as long as necessary for its intended purpose. Once that purpose has been fulfilled—or if you have no intention of using the unsolicited resume—you should securely destroy it or anonymize the data.
In 2024, organizations are encouraged to have clear procedures for dealing with unsolicited resumes. One common practice is to treat them as transitory documents and destroy them immediately if not needed, ensuring secure disposal in compliance with privacy laws. This policy should be included in your Privacy Policy or Recruitment & Selection Policy to maintain transparency and ensure compliance with privacy legislation.
Best Practices for 2024
- For Successful Candidates: Keep their resumes and any associated recruitment information for the duration of their employment and for 3 years afterward.
- For Unsuccessful Candidates: Retain resumes and recruitment materials for 6 months to 1 year, depending on internal policy and provincial regulations.
- For Unsolicited Resumes: Develop a policy to handle these documents, either discarding them immediately or retaining them for a short period (e.g., 3 months) in case a relevant position opens up.
In most cases, employers are not required to retain resumes if there’s no need for them. However, you do have a responsibility to ensure that unnecessary records aren’t kept beyond their useful period, as outlined in privacy legislation like PIPEDA and PIPA.
If your organization doesn’t have a clear policy for handling unsolicited resumes, now is the time to develop one. Clarifying how you deal with these submissions will not only ensure compliance but also help clear up some inbox space!