Why is advisable to avoid consent as a legal basis for an employer to process employee data?

Question

Options

• AEmployee data can only be processed if there is an approval from the data protection officer.
• BConsent may not be valid if the employee feels compelled to provide it.
• CAn employer might have difficulty obtaining consent from every employee.
• DData protection laws do not apply to processing of employee data.

• A
  4% (1)
• B
  76% (19)
• C
  4% (1)
• D
  16% (4)

Explanation

According to the GDPR, consent must be freely given, specific, informed and unambiguous. However, in the context of employment, there is often an imbalance of power between the employer and the employee, which may affect the validity of consent. The employee may feel pressured or coerced to give consent, or may not be able to withdraw it without negative consequences. Therefore, consent is not a reliable or appropriate legal basis for processing employee data in most cases. The employer should consider other lawful bases, such as contractual necessity, legal obligation, legitimate interests or specific conditions for special

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