论AI招聘中求职者的个人信息保护

——以告知同意规则为中心

中图分类号：D922.16;D922.5 文献标识码：A doi：10.3969/j.issn.1672-2272.202509059

On the Protection of Personal Information of Job Seekers in AI Recruitment ： Centered on the RuleofInformed Consent

Song Dandan

（School of Law，Tianjin University，Tianjin 3ooo72，China）

Abstract：With the increasingly widespread application of AI in recruitment，it is urgent to explore effective legal regulatory paths to protect job seekers personal information. Based on the legal risks of AI processing job seekers personal information in recruitment，this study adopts case analysis and comparative law research methods，and innovatively analyzes the imbalance of rights and obligations between employers and job seekers from the perspective of“dual inequality relationship". The research findings are as follows： First，job seekers' personal information protection faces the severe challenge of the distortion of the informed consent rule. Second，in the AI recruitment scenario，both employers and job seekers have legitimate but conflicting interests，and balancing the interests of both parties is the key dificulty. Third，to achieve the goal of balancing interests，it is essential to strictly regulate the processing activities of job seekers personal information by recruitment entities，and the informed consent rule must be strictly implemented in AI recruitment.Moreover，the consent of job sekers alone cannot serve as the sole basis for the legitimacy of information processing. This research has significant theoretical value and practical guiding significance for regulating the behavior of enterprises in AI recruitment and ensuring the proper protection of job seekers personal information.

Keywords ：AI recruitment； informed consent rule；personal information protection；balance of interests

0 引言

随着数智化技术的不断发展，AI逐渐应用于招聘领域并朝着精细化的方向发展，推动传统招聘模式发生深刻变革。（剩余11112字）