LEGITIMATE INTERESTS ASSESSMENT
Kept on file, produced if the ICO asks · Article 6(1)(f), UK GDPR
1. What this covers
The processing of a candidate's personal data in order to handle the application they sent us and put them forward for the role they applied for or asked to be put forward for, including checking suitability, taking references where the role needs them, and passing their details to that one named client.
What it does not cover, because each of these has its own basis:
- Keeping a CV on file for future roles: consent, Article 6(1)(a), by a separate tick that is never pre ticked.
- Publishing an anonymous card: consent, a second separate tick.
- Job alerts and any marketing: consent. Marketing is never done on legitimate interests here.
- Right to work checks and payroll: legal obligation, Article 6(1)(c).
- Paying a temporary worker: contract, Article 6(1)(b).
2. The purpose test
What is the interest? Operating a recruitment business: matching a person who has asked for work to an employer who needs somebody, and being able to show a client that the person is suitable.
Is it lawful and clearly stated? Yes. It is an ordinary commercial activity, it is described in our published privacy notice, and the candidate initiated it.
Who benefits? The candidate, who wants the job; the client, who needs the role filled; and us. A benefit shared three ways is easier to justify than one that only helps us.
3. The necessity test
The processing is necessary. It is not possible to put somebody forward for a job without processing their name, contact details, work history and the qualifications the role requires. There is no less intrusive way to achieve the same thing. We collect no more than the role needs, and we ask candidates not to send special category data because we do not need it.
4. The balancing test
| Factor | Assessment | Conclusion |
|---|---|---|
| Reasonable expectations | The person applied, or asked to be put forward. Being considered and being sent to the employer named is exactly what they expect. | Favourable |
| Nature of the data | Ordinary personal data: name, contact details, work history, tickets and licences. No special category data invited or required. | Favourable |
| Relationship | Direct and initiated by the individual. No data bought, scraped or taken from a third party. | Favourable |
| Intrusiveness | No profiling, no automated decision making, no scoring, no monitoring. A person decides, every time. | Favourable |
| Onward disclosure | To the one client for the one role. Never sold, never shared with a second employer, never searchable by advertisers. | Favourable |
| Safeguards | Published privacy notice; retention enforced by software; every CV opening logged and answerable to the candidate; erasure in one action; the right to object honoured immediately. | Favourable |
| Possible harm | The realistic harm is annoyance, or a CV reaching an employer the person did not intend. The second is prevented by only ever sending it to the employer they chose. | Acceptable |
5. Conclusion
The interests of HIRINGUK LTD are not overridden by the interests, rights and freedoms of the individuals concerned. Legitimate interests, Article 6(1)(f), is an appropriate basis for the processing described in section 1. It is not used for anything in the list of exclusions in section 1, and in particular it is not used for marketing.
Safeguards we commit to as a condition of relying on it: the right to object is honoured on request without argument; a candidate's details go to one named client for one named role and no further; retention is enforced by the software rather than by memory; and this assessment is reviewed at least once a year and whenever the processing changes.
Assessment carried out by: ______________________________ Position: ____________________
Signature: ______________________________________ Date: ______________
Next review due: ______________
HIRINGUK LTD, company number 17414012. Legitimate interests assessment, version 2.0. Reviewed at least once a year and whenever the law changes. © HIRINGUK LTD. This document is issued under Article 6(1)(f), UK GDPR.
Print this document Key information document, PAYE Terms of engagement, temporary worker Terms of business with the client Assignment confirmation Weekly timesheet, driving Holiday: how it builds up, how it is paid, how to book it Appropriate policy document: health and criminal record data Candidate registration and consent Reference request Mobile worker declaration: work you do for anybody else Sickness self certification Driver infringements, and how we handle them Worker handbook