As AI tools increasingly find their way into recruitment processes, HR professionals face a complex balancing act: how to harness the benefits of automation while staying on the right side of employment and data protection law. One area gaining rapid traction - and scrutiny - is the use of AI detection software to flag job applications that may have been written by generative AI tools like ChatGPT.
While these tools offer intriguing promise, they also present real risks. Here's what HR teams need to know to stay compliant, fair, and effective when deploying AI detection in recruitment.
AI detection tools: useful, but not the final word
Software like GPTZero, Copyleaks, or Turnitin AI detection can identify applications that seem AI-generated. But their outputs are not definitive. Detection tools often flag:
Well-written but formulaic CVs
Submissions by non-native English speakers
Neurodivergent candidates with unique communication styles
Relying solely on AI detection can therefore lead to unjust candidate exclusions - and potential legal liability under the Equality Act 2010 or UK GDPR.
Key takeaway: Use AI detection tools only as one input among many, always followed by human verification.
Legal essentials: data protection and GDPR compliance
Using AI tools in recruitment engages the UK GDPR—and failing to follow it can result in regulatory scrutiny.
Here’s what’s required by law:
Transparency: Your privacy notice must explicitly say if and how AI detection is used.
DPIA (Data Protection Impact Assessment): Required before implementing any AI tool that could significantly affect individuals’ rights.
Contracts: Make sure vendor agreements clearly assign controller/processor roles and outline compliance responsibilities.
Practical tips:
Update your privacy notice to explain AI usage, including logic and consequences
Conduct and document a DPIA before rolling out AI tools
Ensure your contract with AI vendors includes GDPR safeguards
Contestability: don’t let AI make the final call
Under UK GDPR Article 22, individuals have the right not to be subject to automated decisions that significantly affect them - unless meaningful human review is available.
That means:
Never reject candidates solely based on AI detection scores
Offer a clear appeal route
Ensure an HR professional reviews any flagged application before a final decision
This is not just a compliance issue - it’s a fairness and brand reputation issue.
Avoiding discrimination: Equality Act risks
AI detection tools can unintentionally discriminate against candidates with protected characteristics, such as:
Neurodivergent applicants
Individuals whose first language is not English
Those using accessible writing tools or templates
This can amount to indirect discrimination or failure to make reasonable adjustments, both of which are unlawful under the Equality Act 2010.
Best practice:
Regularly audit detection tools for bias
Offer reasonable adjustments and alternative assessment routes
Train HR staff on recognising and correcting bias in automated outputs
Transparency and ongoing monitoring
Compliance isn’t a one-time task—it’s an ongoing obligation. HR must commit to:
Clearly informing candidates when AI tools are used
Keeping records of how decisions were made
Regularly reviewing AI tools for accuracy, bias, and legal compliance
Candidates are increasingly savvy - and regulators are watching. Proactive transparency builds trust and reduces risk.
Checklist for HR professionals
Before using AI detection tools in recruitment, make sure you:
Use detection tools only as a supporting aid, not a decision-maker
Update privacy policies to reflect AI and detection tool use
Conduct a DPIA and update it regularly
Ensure candidates can challenge decisions and access human review
Audit AI tools for discrimination risks and bias
Review contracts with AI vendors for GDPR compliance
Train staff on the legal and ethical use of AI in hiring
Conclusion: thoughtful use, not blind trust
AI detection can help filter high volumes of applications - but it’s not a substitute for human judgment. HR professionals must lead the way in responsible, lawful, and inclusive use of AI in hiring.
Used wisely, AI can support better decisions. Used carelessly, it can lead to discrimination claims, reputational harm, and serious compliance failures.
The future of recruitment isn’t just AI-powered - it’s HR-guided.
This article was created with insights from Lex HR - your always-on HR legal assistant. Lex HR helps HR professionals navigate complex employment law with confidence, providing real-time, reliable advice tailored to your needs. Try it free today and see how much easier compliance can be.
