Ghost jobs: The phantom hiring trend with data privacy implications

Many job applicants face the same daunting job search process: spending hours on job boards looking for desirable postings, drafting tens to hundreds of cover letters and resumes, and submitting applications to various online portals. However, current applicants unknowingly face a growing problem — applying for ghost jobs.

Ghost jobs are job postings published by legitimate companies for positions that do not exist. These are distinct from the fake job listing scams used to defraud individuals and steal personal data. Although ghost jobs are not a new hiring practice, a 2024 survey reported 81% of recruiters have posted ghost jobs and another survey stated three in every 10 companies posted a ghost job this year.

Hiring managers cite various reasons for posting ghost jobs, such as collecting applications to build their talent pools, giving their companies an appearance of growth and keeping current employees motivated by making them feel replaceable.

Aside from the potential ethical dilemmas, this hiring practice raises many data privacy implications depending on the jurisdiction applicants are submitting from and where the employer is based.

Notice and transparency principles

The data collection frameworks of the EU and California rely on the foundational principles of notice and transparency. Under these principles, employers are required to provide notice of their purpose for collecting personal data from applicants at the point of collection to satisfy the transparency requirement.