Search Process Confidentiality

It is required by both law and WSU policy to ensure the confidentiality of applicants during the search process.

Maintaining confidentiality also helps attract qualified candidates who trust their information will not be prematurely disclosed. 

Search committee members will have access to private personnel data. Each member must take all necessary precautions to safeguard the information they receive. 

The Minnesota Government Data Practices Act (MGDPA) governs “personnel data” collected, created, received, maintained, or disseminated by a governmental entity such as Minnesota State Colleges and Universities. Personnel data includes information on both applicants for positions and employees. Reference Minnesota Statutes sections 13.03, 13.43.

Under the MGDPA, certain personnel data is private while other information is public. WSU Human Resources officials will determine what is public data.

As defined by law, the identity of all applicants is private except for those who become finalists. The search committee may use the term “finalist” in a different way than the law defines the term. The search chair and human resources officials are responsible for determining when an applicant is considered a finalist under the law.

Applicants’ private data must not be discussed or shared with anyone outside the screening committee unless specifically authorized by the search chair.

Identity of applicants is permanently protected, except for those that become finalists as determined by the search chair. Names of applicants must never be released or shared with others, even after the search process is complete.

Certain non-identifying information about applicants is public but must be separated from information that identifies an applicant. In coordination with human resources officials, the search chair will determine what information should be released if requested by a member of the public.

Data privacy violations can create legal liability for both the institutional and the individual. 

Per Minnesota Statutes section 13.09: “Any person who willfully violates the provisions of this chapter or any rules adopted under this chapter is guilty of a misdemeanor. Willful violation of this chapter by any public employee constitutes just cause for suspension without pay or dismissal of the public employee.” 

In addition, the College could be subject to civil damages for violations of the data privacy requirements.

How to Maintain Candidate Confidentiality

Be sure to protect data so that others cannot gain access. For example, take care if making photocopies of search data and safeguard information that you have in your files—including notes. Avoid discussing information where others might overhear it, such as in hallways, elevators, or open offices.

If you are contacted by someone who wishes to discuss a candidate, refer the caller to the search chair. Do not acknowledge whether the person is an applicant, as that information is private.

The search committee chair must approve any information about the search that committee members may share with others.

It’s best to avoid statements about precise numbers of candidates or the exact timetable since those details may change.

It is recommended that individual search committee members destroy any personal notes on candidates in the search process once the notes are no longer needed for personal reference. Candidates generally have the right to see and obtain copies of data about themselves— including reviewers’ notes, along with their identities.

Be careful when taking notes in interviews or filling out evaluation forms and other documents. For example, a legitimate concern about the recency of the candidate’s scholarship could be interpreted as age discrimination if your notes say something like, “Ph.D. in 1974!!”. Consider only information that is relevant to the process, such as: 

• whether or not the candidate has the necessary experience, education and skills for the position
• where there appear to be gaps in the needed qualifications

Even though you are limited in providing data about specific applicants, communication about the search process in general is an important aspect of your role. Often, search committees decide at the end of each meeting what information should be made available to others. This keeps the campus community up to date on the process.

Always consult with the search committee chair if any questions arise concerning privacy and confidentiality.