Rejected by an Algorithm? Your Rights as a Candidate

Many applications are sorted, ranked or rejected by software before a person reads them. That is not a legal grey zone. In the UK the data protection regulator has told employers what they owe candidates, and New York City has its own rule for hiring tools. Here is what you can ask, who to ask, and how to word it.

Published October 18, 2026 · 5 min read

What the UK regulator tells job seekers

On 31 March 2026 the Information Commissioner's Office (ICO), the UK data protection regulator, published guidance written for job seekers. Its main points are plain: employers need to tell you if automated decisions are being made about your application, you can challenge a decision you think is wrong and explain your point of view, and you can ask for a real person to take a second look.[1]

The same day the ICO published a report on how automation is used in recruitment, based on evidence from more than 30 employers, together with draft guidance on automated decision-making.[2] It also wrote to 16 organisations likely to use automated decision-making on candidates, and they committed to act on its recommendations.[1] The ICO is not banning these tools: employers can use them if they have a valid reason and put safeguards in place to protect your rights and prevent unfair impacts.[1]

What changed in UK law

Until recently the UK GDPR treated solely automated decisions with significant effects as prohibited unless an exception applied. The Data (Use and Access) Act 2025 reframed this as a right to challenge, subject to safeguards.[2] In practice, where an employer uses automated processing you should be able to make representations, get a human review of the decision and contest the outcome.[2]

Is "a person signs it off" enough?

Employers often say a recruiter has the final word. The ICO's report is sceptical. It says human involvement must be meaningful and active: a person has to be able to influence the decision and have the authority, discretion and competence to change it. A purely symbolic check or a rubber stamp does not count, and where the standard is not met the process is treated as solely automated, even if someone is nominally involved.[2] The ICO also expects more than a line in a general privacy notice: candidates should be told when automation is used and how the tool works.[2]

What the rules look like in New York City

If you apply to an employer in New York City, Local Law 144 covers "automated employment decision tools". Before using such a tool an employer must have had it checked in a bias audit within the previous year, make information about the audit publicly available, including a summary of the results, and give candidates notice. The city's consumer and worker protection department (DCWP) says the notice must be provided 10 business days before use of the tool.[3]

If you think an employer skipped the audit, did not post the summary or did not give notice, you can file a complaint through DCWP's online form, and you do not need an account.[3] Enforcement began on 5 July 2023.[3] The State Comptroller's audit of 2 December 2025 found that complaints are not reliably routed to DCWP, that DCWP had received only two complaints about these tools during the audit period, and that in the 32 companies DCWP reviewed it found one non-compliance issue while the auditors found at least 17 potential instances.[4] The lesson for candidates: use DCWP's own form rather than a general line.

Rules in other US states and cities differ and change often, so check the one where the job is based before you rely on any of this.

Applying to employers in the EU

If you apply to an employer inside the European Union, the EU AI Act lists recruitment tools among high-risk systems, but a regulation published in the Official Journal on 24 July 2026 postponed the obligations for those systems to 2 December 2027.[5] Some pages still show the earlier date, so check the publication date of anything you read.

How to use your rights, step by step

  1. Spot the signs. A rejection minutes after you apply, a scoring step in the application portal, or a privacy notice that mentions automated screening.
  2. Write to the employer. Use the contact address in its privacy notice and ask three things: whether automated decisions are being made about your application, how the decision was reached, and how the tool affects the process.[1]
  3. Challenge and explain. If a criterion screened you out unfairly, say so and ask for a person to look again.[1]
  4. Keep a record. Save the date you applied, the date and wording of the rejection, and every reply.
  5. Escalate if needed. In the UK you can complain to the ICO at ico.org.uk/concerns.[1]
Message you can adapt
Dear hiring team,
I applied on [date] for the [job title] role and was rejected on [date]. Could you tell me whether this decision was made using automated processing? If it was, please explain how the decision was reached, and ask a person with the authority to change it to review my application. I would like you to consider the following: [your points].
Thank you,
[Name]

Make it easier to be read by a person

Not every rejection is unfair. A CV that is simple for a screening system to read, known as an ATS, avoids many mistaken rejections: clear job titles, plain layout and skills named the way the posting names them. Our guide to an ATS-friendly resume covers this, and the guide on job fit helps you pick the posts where you have a real chance.

Frequently asked questions

Does a fast rejection mean it was automated?

Not necessarily, but it is a clue. You can ask the employer in writing whether the decision was automated and how it was reached.

Can I force an employer to have a person review my application?

In the UK you can ask for a human review and contest the decision, and the ICO says employers must tell you how to do so. It cannot promise a different result, but the decision should be looked at again.

Do the same rights apply in the United States?

Not everywhere. New York City has specific rules on notice and bias audits for hiring tools; other places differ, so check local law.

Who do I contact if the employer does not answer?

In the UK, the ICO; in New York City, DCWP.

Sources

  1. a b c d e f ICO, "Here's what jobseekers need to know about automated recruitment decisions", 31 March 2026 ico.org.uk
  2. a b c d e DLA Piper, "UK ICO report on automated decision-making in recruitment", April 2026 privacymatters.dlapiper.com
  3. a b c NYC Department of Consumer and Worker Protection, Automated Employment Decision Tools nyc.gov
  4. ↑ Office of the New York State Comptroller, "Enforcement of Local Law 144 – Automated Employment Decision Tools", 2 December 2025 osc.ny.gov
  5. ↑ Regulation (EU) 2026/1744 of 8 July 2026, Digital Omnibus on AI (EUR-Lex) eur-lex.europa.eu
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