Recruitment & AI from the Employer Perspective
Is using an A.I. detector lawful? It’s 100% legal to use A.I. tools for shortlisting. Using a tool like GPTZero is lawful if you treat its analysis as one piece of evidence, you stay transparent, you keep a human in the loop, and you audit for bias. Problems arise when the detector becomes a ‘black-box gatekeeper’ or you fail to meet data-protection or equality duties. Let’s look at the GDPR issues that arise when you use A.I. detection software. Transparency When you use GPTZero or Copyleaks, you are processing personal data because you are uploading and analysing someone’s information. Under UK GDPR you need a lawful ground to process personal data. The lawful ground here is ‘legitimate interest’ – you’re verifying candidate authenticity. But you need more than just a lawful ground to comply with the UK GDPR. Your privacy notice must state that you screen for A.I. writing, it must outline how the tool works in plain language, and you must tell applicants how to challenge a result. Keeping a human in the loop You don’t need to review every application. Just show meaningful human involvement. UK GDPR only requires full human review if the candidate asks or if
