I am not an expert here but would it not be based upon what gave the employer the ability to contact A? If A has expressed an interest about future jobs the would that not be consent any way. Would it not come down to how did the employer get A's details in the first place to know that A might be looking for a job? If the information was improperly processed (obtained or just sent at random) under the DPA in the first police, use of the information could be in contravention too regardless of whether it was marketing as there was no lawful basis for the initial processing.
As I understand it (and as I said I am not an expert), the only processing condition under the DPA that allows for processing personal data for marketing is consent given the effect of PECR (the other processing conditions would be unlawful if prohibited by other legislation such as PECR).
I am out sure that saying that you have a post that A might be interested in would count as marketing as it is not really promoting the aims of the organisation. Had it been a case of the employer promoting itself in some way that might be different.
Probably being a bit simplistic or missing something.
Bill Dunn
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