The following Employment Q&A provides comprehensive and up to date legal information covering:
In order to process personal information lawfully under the General Data Protection Regulation (GDPR), Regulation (EU) 2016/679, the employer needs to identify a legal basis before it can process personal data. The lawful processing conditions under Article 6 of Regulation (EU) 2016/679, GDPR include where processing is necessary for the purposes of legitimate interests pursued by the controller or a third party, except where such interests are overridden by the interests, rights or freedoms of the data subject.
The Information Commissioner’s GDPR guidance states, in relation to the legitimate interests condition, that it is the most flexible lawful basis for processing, but the data controllers cannot assume it will always be the most appropriate. The GDPR guidance goes on to say that:
the legitimate interests condition is likely to be most appropriate where the data controller uses people’s data in ways they would reasonably expect and which have a minimal privacy impact, or where there is a compelling justification for the processing
data controllers who rely on legitimate interests are taking on extra responsibility for considering and protecting people’s rights and interests
there are three elements (a three-part test) to the legitimate interests basis. A data controller needs to:
identify a legitimate interest
show that the processing is necessary to achieve it, and
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