QuestionQ59

Compliance with European Data Protection Law and Regulation

For which of the following activities would an employer be most likely justified in seeking the data subject’s consent?

  • A Posting an employee’s bicycle race photo on the company’s social media.
  • B Processing an employee’s health certificate in order to provide sick leave.
  • C Operating a CCTV system on company premises.
  • D Assessing a potential employee’s job application.
Explanation

Publishing an employee’s bicycle-race photo on company social media is an optional use unrelated to administering the employment relationship, so freely given consent can be an appropriate lawful basis. Processing health information for sick leave, operating workplace CCTV, and evaluating a job application are ordinarily based on other lawful grounds, such as employment-law obligations, legitimate interests, or pre-contractual steps. GDPR Article 6 distinguishes consent from those other bases.

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