In message
<[log in to unmask]
d.co.uk>, at 15:08:02 on Wed, 4 Apr 2018, "Bryant, Murray"
<[log in to unmask]> writes
>The ICOs advice on using 'contract' as a lawful basis for processing
>can be found here:
>https://ico.org.uk/for-organisations/guide-to-the-general-data-protectio
>n-regulation-gdpr/lawful-basis-for-processing/contract/
>And reads:
>
>When is the lawful basis for contracts likely to apply?
>You have a lawful basis for processing if:
>•you have a contract with the individual and you need to process
>their personal data to comply with your obligations under the contract.
When references are being sought, it's very likely there's only a
provisional [employment] contract. Or in some cases, where references
are sought pre-interview, what contract would there be (a promise to
provide an interview??)
>•you haven’t yet got a contract with the individual, but they have
>asked you to do something as a first step (eg provide a quote) and you
>need to process their personal data to do what they ask.
But should it not be transparent what depth of personal data will be
requested? Asking for prior employment start and finish dates are quite
a different kettle of fish to asking a referee to supply a copy of every
annual appraisal for the last n years.
>I would make the case that this allows you to request references.
>
>In regards to using consent, there is a clear imbalance of power and it
>will obviously negatively impact the data subject if they refuse so
>it's not freely given, I think this would not be the appropriate basis.
>
>Kind Regards,
>
>Murray Bryant
>
>
>-----Original Message-----
>From: This list is for those interested in Data Protection issues
>[mailto:[log in to unmask]] On Behalf Of Roland Perry
>Sent: Wednesday, April 04, 2018 3:37 PM
>To: [log in to unmask]
>Subject: Re: [data-protection] References
>
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>In message
><[log in to unmask]
>ok.com>, at 14:58:56 on Thu, 29 Mar 2018, Peter Dinsdale
><[log in to unmask]> writes
>
>>Just one point on consent that strikes me as I think about it - how
>>'freely given' do you think consent could be in the recruitment
>>context? What do you think a refusal to consent to references would do
>>to someone's prospects of being offered the job?
>
>Doesn't that depend on the (traditionally extremely non-transparent)
>questions the prospective employer might ask the referee?
>
>In particular, the "most obvious" question for a layperson is 'are they
>suitable for the job they are being offered' when most referees will
>have no clue whatsoever what suitability criteria there might be.
>
>On the other hand, if all they are being asked is whether the applicant
>is an out-and-out imposter, why would anyone quote a referee likely to
>say "yes"?
>
>Then there's the whole business about giving people you want rid of, a
>glowing reference.
>--
>Roland Perry
>
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