Actually it’s a PECR / GDPR question. I’m interested in people’s opinions regarding recruitment emails. My initial take is that emails with people who are interested in your company (i.e. met you at a fair or gave you their cards) can be sent emails provided you capture consent under the rules of PECR (i.e. that these emails are marketing).
Once someone applies for a position, you capture their details and communicate with them under your performance of a contract lawful basis. My question is; could we extend our legitimate interest to cover those initial emails rather than having to rely on consent?
You’ve managed to get yourself into a bit of a muddle with this and I think you are overcomplicating matters somewhat.
Always start with the purpose for data collection/processing:
Data collected directly from DS in the context of the processing i.e. card at show, direct contact:
processed under consent/opt in for purposes of GDPR/PECR.
Data collected directly from DS in the context of processing of a job application: processed under contract i.e. you require that information to communicate with them about the position they have applied for
Additional processing, i.e. holding information on file: processed under consent – you would go back to them and ask their permission to do this telling them how long you are retaining their data for, when you will contact them and who (if anyone) you would share it with
If you want to use their data for anything beyond these processes in a recruitment context then you would need to go back and ask them.
Hi Helen, good feedback, thanks!