What processing condition can an employer rely upon under the GDPR when providing a reference?
Posted in : First Tuesday Q&A NI on 7 May 2019
Johanna Cunningham
Arthur Cox
As a starting point, it is necessary to consider what specific personal data will be supplied as part of the reference. For example, if information on the employee’s absence levels is included in a reference and that information comprises information regarding the employee’s health, this will constitute special category data under Article 9(1) of the GDPR.
When processing personal data, the employer will have to ensure that it satisfies a lawful condition for processing as set out under Article 6(1) of the GDPR. If the employer is processing health data as part of the reference, it will also
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The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.
Johanna Cunningham
Arthur Cox
The main content of this article was provided by Johanna Cunningham. Contact telephone number is Johanna Cunningham or email belfast@arthurcox.com
View all articles by Johanna Cunningham