In March 2026, the ICO published the findings of its investigation into automated decision-making in UK recruitment. The central finding was stark: most employers using AI in hiring did not even recognise that they were making solely automated decisions about candidates. That matters — because solely automated decisions triggering legal or significant effects now require specific safeguards under UK law. And from December 2027, the EU AI Act classifies AI in employment as a high-risk system with additional conformity requirements. If your company uses AI to screen CVs, score candidates, or manage interview scheduling — this article is for you.
What Did the ICO Actually Find?
The ICO reviewed over 30 UK employers using AI or algorithmic tools in their recruitment processes. The key finding was that the majority of these employers had not recognised their AI screening tools as making solely automated decisions. They believed human involvement in the process — such as a recruiter reviewing an AI-generated shortlist — was sufficient to remove the solely automated nature of the decision. The ICO disagreed. Where AI filtered out candidates before any human review, the ICO treated this as a solely automated decision requiring specific safeguards.
What Safeguards Are Now Required?
Under the new Articles 22A–22D framework, employers using AI in hiring must: ensure they have a valid legal condition for the automated decision; notify candidates when an automated decision has been made about them; provide a mechanism for candidates to request human review of the decision; be able to explain the basis on which the automated decision was made; and document their compliance. Simply having a human sign off on an AI-generated shortlist is not sufficient unless that human has genuinely reviewed the individual’s application independently.
A 5-Step Compliance Checklist for HR Teams
Map every AI or automated tool used in your recruitment process — CV screening, interview scheduling, psychometric testing, video interview analysis. 2. Assess whether any of these tools make or materially influence decisions before human review. 3. Implement candidate notification — inform applicants when AI is used in decisions about them. 4. Create a human review procedure for candidates who request reconsideration. 5. Book a free compliance review call at wishory.com/book — Wishory’s HR AI Compliance Audit assesses your full recruitment process against the ICO findings and Articles 22A–22D framework. From £4,500.