Telling candidates what you are doing is the cheapest duty on the list, and the one most often done badly — usually by writing it so defensively that nobody can tell what it means.
When you have to tell people
- When AI has a real influence on a decision about them. Several sets of rules require this. New York City requires notice at least ten working days beforehand.
- When you are recording or analysing a video interview. Illinois requires notice, an explanation of what is being judged, and consent.
- When they are talking to software rather than a person.
- When you got their details from somewhere other than them — that is, when you found them rather than they applied. Under European-style rules this includes saying where you got them.
Beyond the legal minimum: candidates work out that AI is involved anyway. Finding out afterwards is what turns an ordinary rejection into a complaint.
What good notice says
Four things, in plain words:
- That AI is used, and at which point.
- What it looks at — described so a candidate could check themselves against it.
- What a person does — specifically, who reviews what.
- How to ask a question or request a different route.
Two examples
| Weak | Better |
|---|---|
| "We may use automated technologies as part of our recruitment processes." | "We use software to read your CV and match your experience against the requirements listed in this advert. It produces a summary and a match rating. A recruiter reads every application before any decision to reject." |
| "Your interview may be recorded and analysed." | "This interview is recorded. A written transcript is produced automatically, and a recruiter uses it to fill in a scorecard against the skills listed above. Nothing about your appearance, tone of voice or way of speaking is judged. You can ask for a live interview instead at no disadvantage, and you can ask us to delete the recording." |
The better versions are longer, and that is what "meaningful information" means in practice. They are also what a regulator will compare against what you actually do — so do not describe a human review you do not carry out.
Consent that means something
For consent to be worth anything, saying no has to cost the candidate nothing. That means:
- Another route to the same outcome, offered just as clearly as the default.
- Asked before the process starts, not once someone is already on camera.
- Separate from agreeing to general terms and conditions.
- Possible to withdraw, with a way to do it.
If you have no alternative route, you are not asking for consent. You are telling people a condition. Sometimes that is legitimate — but then rely on a different legal basis, rather than dressing a rule up as a choice.
Where the notice goes
The job advert, the application form, the invitation to any automated stage, and a linked privacy notice. Repeat it at the point it applies, rather than only in a document nobody opens. Notice buried in a privacy policy satisfies almost nobody, including regulators.
Download four notice templates · all templates
The test
Could a candidate read your notice and correctly describe what happens to their application? If not, it is a shield rather than a notice — and it will not work as either.