From the magazine SZW-RSDA 1/2020 | S. 43-52 The following page is 43

Robot Recruiting

Datenschutzrechtliche Aspekte einer Automatisierung von Rekrutierungsentscheiden

«Robot recruiting» refers to the automation of the recruiting process using data driven technologies. More than half of HR managers expect artificial intelligence to become part of their daily routine in just a few years’ time. Hiring algorithms are said to make hiring more consistent and efficient and even have the potential to remove interpersonal bias from the hiring process. But critics argue that hiring algorithms are prone to reflect – and even perpetuate – structural and institutional biases.

Both the GDPR and the future Swiss Data Protection Act contain a special set of rules for hiring and other significant decisions made without meaningful human involvement. Following an analysis of these rules, this article proposes that the following points be considered when implementing hiring algorithms: First, the use of hiring algorithms should be made transparent to applicants, including adequate information on the logic involved. Second, full automation is best avoided and…