Employers could face jail if they fail to identify themselves in recruitment ads
Companies could face prosecution if they don't identify themselves and protect applicants' data
The number of "blind" recruitment ads - advertisements that do not identify the employer or their recruitment agent - circulating in Hong Kong has led to growing concern about the possible unscrupulous collection and use of the personal data of job applicants.
A recent investigation conducted by the privacy commissioner into 48 blind ads revealed that all 48 were in breach of Hong Kong's main privacy statute, the Hong Kong Personal Data (Privacy) Ordinance (PDPO).
The PDPO requires that personal data must be collected by means that are fair in the circumstances.
Further, the privacy commissioner's Code of Practice on Human Resource Management specifically states that advertisements for job vacancies and the solicitation of personal data from job applicants must provide a way for the employer, or its agent, to be identified.
The privacy commissioner has received numerous enquiries regarding blind ads. Potential job applicants have expressed concern that blind ads could be used to obtain data for fraudulent purposes, for example identity theft and direct marketing, rather than for genuine job vacancies.
The 48 blind ads that fell foul of the legislation invited applicants to provide personal data, by e-mail or fax, but failed to identify either the employer or their recruitment agent.