CIPP-E Exam Dumps | Why is advisable to avoid consent as a legal basis for an employer to process employee data?

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IAPP.CIPP-E.v2025-08-16.q131
Question 67

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Question 67/131

Why is advisable to avoid consent as a legal basis for an employer to process employee data?

A. Employee data can only be processed if there is an approval from the data protection officer.

B. Consent may not be valid if the employee feels compelled to provide it.

C. An employer might have difficulty obtaining consent from every employee.

D. Data protection laws do not apply to processing of employee data.

Correct Answer: B

According to the GDPR, consent must be freely given, specific, informed and unambiguous1. However, in the context of employment, there is often an imbalance of power between the employer and the employee, which may affect the validity of consent. The employee may feel pressured or coerced to give consent, or may not be able to withdraw it without negative consequences. Therefore, consent is not a reliable or appropriate legal basis for processing employee data in most cases23. The employer should consider other lawful bases, such as contractual necessity, legal obligation, legitimate interests or specific conditions for special category data45. Reference: 1 Art. 4 (11) GDPR - Definitions - General Data Protection Regulation (GDPR)2 Can my employer require me to give my consent to use my personal data? | European Commission. 3 When is consent appropriate? | ICO. 4 Art. 6 (1) GDPR - Lawfulness of processing - General Data Protection Regulation (GDPR)5 Art. 9 (2) GDPR - Processing of special categories of personal data - General Data Protection Regulation (GDPR).

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