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

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