Module Application
Are staff in your organisation familiar with best practices regarding the utilisation of AI
systems for recruitment purposes?
In utilising AI systems for recruitment purposes, has your organisation implemented systems
to ensure data integrity, data privacy and protection, security of files and data, fairness and
transparency, accountability, autonomy and sustainability?
Is your organisation familiar with the human rights implications associated with the use of AI
systems for recruitment purposes?
Module Scope
The use of artificial intelligence (AI) systems is gaining increasing traction in the recruitment
space, offering both promising efficiencies and insights but also unique ethical challenges
and potential risks that demand careful consideration. From bias amplification to data privacy
concerns, the implications of AI-driven hiring are frequently far-reaching. Organisations are
best served to carefully understand these implications and adopt a holistic and cautious
approach towards AI-powered recruitment, ensuring that they remain compliant with everevolving legal and regulatory requirements in this area.
Reviewed by the Australian Human Rights Commission (AHRC), the AI AND
RECRUITMENT module sets out the key compliance considerations for organisations keen
to achieve best practice in their use of AI systems for recruitment purposes. This module is
designed for stakeholders of all industry organisations, from talent acquisition and human
resources departments to the compliance oversight arms of those organisations, as well as
firms and organisations specifically in the recruitment industry at both a compliance
oversight and functional level.
The AI AND RECRUITMENT module draws on international instruments and guidance to
assist organisations, including relevant European Union and United Nations guidelines,
conventions and treaties on the protection of human rights. Key sources include the:
- European Commission Ethical Guidelines for Trustworthy AI
- European Convention on Human Rights
- European Union General Protection Regulation (GDPR)
- United Nations International Covenant on Civil and Political Rights (ICCPR)
- United Nations Universal Declaration of Human Rights
- UNESCO Recommendation on the Ethics of Artificial Intelligence
Understanding these key protections enables organisations to balance the benefits and
efficiencies that AI brings with safeguards that protect individual rights, organisational
integrity and broader societal interests.
Setting out what best practice entails in the recruitment context of handling personal
information and selection of candidates for interview and hire, the AI AND RECRUITMENT
module is structured according to a set of 4 core obligations and sub-obligations that an
organisation must take into account in using AI systems for recruitment purposes, as follows:
- Privacy and data protection;
- Digital robustness and safety;
- Fairness and transparency of process; and
- Accountability, autonomy and sustainability.
The core legal and regulatory obligations are based on the following considerations:
- Fairness and transparency;
- Decision making
- Accountability;
- Stewardship;
- Direction; and
- Control.
An organisation must ensure that its staff are familiar with the legal obligations to which it is
subject, as well as their individual legal responsibility. In particular, the AI AND
RECRUITMENT module aims to equip the subscriber with the knowledge necessary to
answer the following questions:
- What are our legal obligations?
- What is the source of those legal obligations?
- How may we ensure that we are complying with our legal obligations?
- What are the consequences of non-compliance?
The AI AND RECRUITMENT module recognises that the consequences of non-compliance
are multifarious and can vary greatly, given the novel nature, wide applicability and
unexplored aspects of AI systems. Beyond potential breach of state laws and resulting legal
action and financial penalties, organisations may also be subject to reputational
consequences such as erosion of public trust, let alone the costs associated with technical
errors or damage.
At LexisNexis, we appreciate the importance of helping all staff understand their obligations,
regardless of their level of legal or regulatory proficiency. The AI AND RECRUITMENT
module is accordingly set out in non-technical language. It is structured in an easy-tounderstand format that can be readily referred to and used by all staff, including not only
regulatory requirements and consequences of breach, but also best practices
recommendations for staff of all types and level of seniority.