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
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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.


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Back to Q&A's This article is correct at 07/05/2019

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

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