When a contractor CV goes AWOL

IR35 Test

Your CV belongs to you. You want to get it out there in order to get jobs, but you don't want it taking on a life of its own.

Illegal Sharing

According to the Data Protection Act of 1998, when an agency sends out your CV without asking you, double and triple dealing often occurs. This means that several agencies send your stuff to the same client. They then bargain like crazy to get the business. You could wind up the loser as your fee and perquisites get kicked around.

But that's not all. Your CV could circulate from agency to client to who knows where, and with who knows what comments scrawled in the margins.

Protecting Your CV

You can do quite a lot to protect your CV.

  1. Tell agents that you expect to be informed if the CV is sent out
  2. Place a note on the CV stating ''No circulation of this CV without written permission"
  3. If the agent violates your trust, warn the Information Commissioner's Office
  4. If you can prove that you have suffered damages from illegal circulation of your CV, you can go to court and win compensation.

If your rights are violated let us know

Information Commissioners Office

The Data Protection Act of 1998 guarantees the security of your personal data, and provides you with legal remedies if your privacy is not respected.

The London-based Information Commissioner's Office is the UK data protection watchdog. The Office can intervene when it has evidence of non-compliance, and it has announced concern about recruitment agencies. If you complain about your CV, they will take action, and the agency in question risks serious fines.

Better still, under the terms of the Data Protection Act, you can sue and obtain damages from any company that misuses your CV. You probably won't want to do this except in an extreme situation, but if you feel abused, you do have this right.

Do's and Don'ts

You should be aware that the way your CV is handled is all specified by the Data Protection Act. You should know:

  • Job ads should always identify the name of the agency responsible for your CV
  • When your CV goes out, you should know to whom it is being sent
  • If the client remains anonymous, your CV should be anonymous as well
  • If you fill out an application form, make sure you know what will be done with the data
  • Make sure that questions on forms relate to the job at hand and nothing else

Verifying and Vetting

If your CV goes out then you should know to whom it is being sent

Information Commissioners Office

Contractors should also be aware that there is a difference between verifying the informaton they have provided and vetting your CV, which means calling around and asking about you well beyond what is required to make sure you are telling the truth. Vetting is only permitted in special cases as in workers who deal with children, so if you find you are being vetted, you should complain.

Published: Monday, August 06, 2007

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