Quebec's Law 25 and AI in Hiring: What Employers Need to Know

Quebec employers using AI in hiring face Canada's most stringent privacy requirements. Law 25, fully in effect since September 2024, targets exclusively automated decisions, including those made in employment contexts, through Section 12.1. If your organization hires in Quebec or uses AI to screen candidates, compliance is mandatory.

Understanding Section 12.1

Law 25 applies to all private sector organizations collecting, using, or disclosing personal information in Quebec, including employers who collect or use the personal information of employees or candidates in Quebec, even if the organization is located elsewhere."

The Core Requirement

When an organization uses personal information to render a decision based exclusively on automated processing, it must inform the person no later than when it communicates the decision. If your AI tool makes hiring decisions without meaningful human involvement, you must notify the candidate before or when communicating the decision.

Required Disclosures

Upon request, employers must provide the personal information used, the factors that led to the decision, the right to correct information, and an opportunity to submit observations to personnel who can review the decision.

Critically, these requirements only apply to decisions rendered exclusively by automated processing. If a human meaningfully participates, the requirement does not apply.

What "Exclusively Automated" Means

Quebec's Commission d'accès à l'information (CAI) hasn’t published detailed guidance on automated decision-making, but it generally interprets privacy protections broadly. 

Employers should expect that resume screening tools that automatically reject candidates, AI systems that score interviews without human review, and systems that autonomously advance or filter candidates may fall within Section 12.1. decisions. The CAI has broad enforcement powers, including audits, binding orders, and administrative monetary penalties.

Additional Law 25 Requirements

• Privacy Impact Assessments: Required before implementing new AI recruitment tools
• Data Minimization: Collect only information necessary to evaluate applications
• Privacy Policies: Publish clear policies explaining AI usage and individual rights
• Retention and Destruction: Establish policies for information lifecycle management
• Breach Notification: Promptly notify CAI and affected persons of confidentiality incidents

Key Compliance Considerations

The key to Section 12.1 compliance is ensuring meaningful human involvement in hiring decisions. Employers need comprehensive documentation showing which AI tools are used, when humans participate, what information is collected and why, and procedures for responding to candidate requests. If you use third-party vendors, you remain responsible for information collected on your behalf.

Learn more about how AI hiring regulations impact modern recruitment practices.

How VidCruiter Ensures Compliance

Humans Always Decide

VidCruiter's fundamental principle: AI assists, humans decide. Because humans meaningfully participate in all hiring decisions, our tools don't trigger automated decision making notification requirements. Our features provide insights and recommendations but never make autonomous decisions about candidates.

Analyzing Processes, Not Candidates

VidCruiter's AI analyzes interview processes and interviewer behavior, not candidates. Our solution provides talk time ratios, transcripts, keyword analysis, and behavior patterns without delegating decisions to AI systems. Since AI doesn't assess candidates autonomously, it sidesteps Section 12.1 requirements entirely.

Comprehensive Documentation

The platform automatically stores all applicant profiles, interview notes, communications, and evaluations with complete audit trails. Every interaction is timestamped, providing clear evidence of human involvement. Records are maintained in encrypted systems with strict access controls and automated retention reminders to support compliance.

Privacy by Design

Customizable application forms ensure you collect only necessary information at each stage. Automated templates can inform candidates about AI assistance. The platform helps maintain privacy policies explaining AI usage and individual rights.

Human Centric Automation

VidCruiter automates administrative tasks while keeping humans central to decisions. Automate scheduling logistics without automating decisions. AI assists in creating interview frameworks but humans conduct interviews and make assessments.

Supporting PIAs

VidCruiter provides detailed documentation of how our AI features work and what data they use. Because our AI doesn't make autonomous decisions about candidates, it presents lower privacy risks than fully automated screening tools.

Best Practices

• Conduct PIAs before implementing recruitment technology 
• Document human involvement with clear records 
• VidCruiter automatically creates this documentation 
• Limit data collection to necessary information only 
• Update privacy policies explaining AI use and candidate rights 
• Train your team on Law 25 requirements and tool functionality 
• Establish vendor agreements requiring compliance 
• Monitor and audit processes regularly

The Bottom Line

Law 25's Section 12.1 creates complex compliance requirements for Quebec employers using AI in hiring. VidCruiter's human-centric approach addresses these at a fundamental level by keeping humans in the decision-making loop, analyzing processes instead of candidates, maintaining comprehensive documentation, and building privacy into every feature.

Ready to implement AI compliantly in Quebec? Learn more about VidCruiter's Interview Management System (IMS)  and interview intelligence solutions and discover how our approach helps you hire better while meeting all Law 25 requirements.