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
Arthur Cox
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 have to satisfy an additional processing condition under Article 9(1) of the GDPR.
Traditionally
Already a subscriber?
Click here to login and access the full article.
Log in now to read the full articleDon't miss out, start your free trial today!
Are you fully aware of the benefits of Legal-Island's Employment Law Update Service? We help hundreds of people like you understand how the latest changes in employment law impact on your business.
Help understand the ramifications of each important case from NI, GB and Europe
24/7 access to all the content in the Legal Island Vault for research case law and HR issues
Ensure your organisation’s policies and procedures are fully compliant with NI law
Receive free preliminary advice on workplace issues from the employment team at Worthingtons Solicitors
More from the First Tuesday Q&A
-
If employees have been working from home during the coronavirus (COVID-19) pandemic, can they argue that, through custom and practice, it has become a term of their contract of employment that they are entitled to work from home on a permanent basis?
Posted in: First Tuesday Q&A NI on 05 October 2021
-
Is a non-executive director eligible for statutory sick pay?
Posted in: First Tuesday Q&A NI on 05 October 2021
-
If an employment contract is only provided to an employee a few months after employment started, what issues does this give rise to?
Posted in: First Tuesday Q&A NI on 05 October 2021
-
Do employment tribunals have jurisdiction to hear money claims made by a former employee for underpaid employer pension contributions?
Posted in: First Tuesday Q&A NI on 05 October 2021
-
Can an employer refuse a request from an unsuccessful job applicant to delete any of their data in its possession as it may be necessary for the defence of legal claims?
Posted in: First Tuesday Q&A NI on 07 September 2021
Disclaimer:
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.
Arthur Cox
Arthur Cox
The main content of this article was provided by Arthur Cox. Contact telephone number is 028 9023 0007 or email belfast@arthurcox.com
View all articles by Arthur Cox