Can Your Interview Be Video Recorded?
Q: I recently interviewed for a sales job where an executive recruiter videoed me role playing my responses to some sales situations. This was then sent to the potential employer. Is this legal?
I asked Laura Fleming, a labor attorney and partner with the Newport Beach law firm Stradling Yocca Carlson & Rauth for her advice.
It can be unlawful to video record someone without their permission, especially if they are in an environment where they have a reasonable expectation of privacy. However, I am guessing that you knew the recruiter was taping you, and that the recruiter had your permission to do so.
The recruiter should have given you notice and obtained your permission before sending any videos to the potential employer. It is possible that this notice was included in some of the materials which the recruiter gave to you (maybe you did not read them carefully, which is quite common). At any rate, if you do not want the recruiter to show the videos to anyone, you should tell him immediately. I do not see any benefit to you pursuing legal action against the recruiter, since it sounds like the recruiter was not using your image for a commercial purpose (i.e., promoting goods or services). It sounds like the recruiter was just trying to help you land a job!
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I welcome your thoughts and comments.
Brad Remillard
Tags: Behavioral interviewing, Interview 1st Impressions, Interview Mistakes, Interview Questions, Interview Techniques, Interview Tips, Interviewing, Interviewing Failure, Interviewing Mistakes
Face-to-Face Inteviewing, Interviewing | bradremillard May 1, 2012
About the Author
Brad Remillard is a founding Partner of IMPACT Hiring Solutions, co-author of "You're NOT the Person I Hired", and "This is NOT the Position I Accepted". Brad is an award-winning international speaker, retained executive recruiter, and expert on hiring and retaining top talent, and executive job search.
