Use the applicable legal-obligation basis: Which conclusion | AIGP
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Use the applicable legal-obligation basis: Which conclusion is most supportable?

AIGP Understanding How Laws, Standards and Frameworks Apply to AI Medium

Consent is one possible GDPR basis, not a universal requirement; the stated legal obligation may support processing if conditions apply.

The question

Under the GDPR in the EEA, an employer uses an AI tool to screen applicants. A documented applicable legal obligation requires the screening, while the employer proposes collecting consent from every applicant. Which conclusion is most supportable?

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  1. Require consent because applicant screening involves personal data.
    Personal-data processing requires a lawful basis, but GDPR does not make consent the universal basis for employment screening.
  2. Rely on legitimate interests without examining the stated obligation.
    Legitimate interests may sometimes apply, but ignoring the documented legal obligation fails to analyze the basis most directly described.
  3. Process the information without a lawful basis because screening is mandatory.
    A mandatory organizational activity still requires a GDPR lawful basis and compliance with applicable principles and safeguards.
  4. Use the applicable legal-obligation basis, if its conditions are met. ✓
    The facts identify a possible legal-obligation basis; consent is not automatically required when another applicable GDPR basis supports processing.
The trap
Identify the factual basis first; do not assume consent merely because individuals are being evaluated.

How to remember it

Consent is one possible GDPR basis, not a universal requirement; the stated legal obligation may support processing if conditions apply.

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