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Anonymous
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Asked: December 15, 20212021-12-15T17:48:31+01:00 2021-12-15T17:48:31+01:00In: GDPR, Privacy Management

Job applications and Consent

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Could someone offer any advice please on the following scenario:

I have a number of job vacancies. If someone expresses interest and sends me their CV, would that count as consent to process their data for the role? If not, should I create a consent form (electronic or otherwise) that they complete alongside sending their CV?

Thank you

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    1. DP-Pro

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      DP-Pro Bronze contributor
      2021-12-21T10:01:00+01:00Added an answer on December 21, 2021 at 10:01 am

      Hi. Its unlikely that CONSENT is a valid basis because without sending a CV, the applicant would unlikely be selected for consideration and CONSENT must not be conditional nor should refusal or withdrawal lead to any detriment. Therefore, you should apply CONTRACT as your lawful basis (the provision of a CV/Application etc. being a requirement / condition of entering into an contract of employment).

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    2. Liz

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      Liz Bronze contributor
      2021-12-30T17:08:05+01:00Added an answer on December 30, 2021 at 5:08 pm

      I recently researched a similar situation and came across this article:

      https://www.xperthr.co.uk/faq/should-employers-ask-job-applicants-for-consent-to-process-their-data-under-the-uk-gdpr/162845/

      I am using legitimate interest having reviewed it.

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