Which of the following is the weakest lawful basis for processing employee personal data?

Question

Options

• AProcessing based on fulfilling an employment contract.
• BProcessing based on employee consent.
• CProcessing based on legitimate interests.
• DProcessing based on legal obligation.

• A
  3% (1)
• B
  80% (28)
• C
  11% (4)
• D
  6% (2)

Explanation

According to the GDPR, consent is one of the six lawful bases for processing personal data, but it is not always the most appropriate one. Consent must be freely given, specific, informed and unambiguous, and the data subject must have the right to withdraw it at any time. In the context of employment, consent is often not a valid lawful basis, because there is a clear imbalance of power between the employer and the employee, which means that the consent is not freely given. Moreover, consent can be difficult to manage and document, and it can pose practical problems if the employee withdraws it. Therefore, consent is the weakest lawful basis for processing employee personal data, and employers should rely on other lawful bases, such as contract, legal obligation, vital interests, public task or legitimate interests, depending on the purpose and necessity of the processing.

No community discussion yet for this question.