Using messages as evidence
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Yes, if the organization uses the messages it is considered processing of personal data under the EU GDPR.However, the processing of personal data to defend a right in a legal claim is a legal basis for data processing.In particular, Article 6 par. 1 lett. f) GDPR refers to the legitimate interest of the data controller and defending a right follow in the notion of legitimate interest. So your organization does not need consent to process that personal data.
Article 6 paragraph 2 GDPR has also a link to the Chapter IX of the EU GDPR where, in Article 88 GDPR, there is a reference to data processing in the workplace. Data processing in the workplace and in court trials are devolved to the Member State legislation, so the practical possibility to use the message as evidence in a judicial trial will depend on your specific legal system.For example, in Italy, where I am located, the Italian implementation privacy law the controller could use the message as evidence.
Here is some information about consent and data processing in the workplace:
- Is consent needed? Six legal bases to process data according to GDPR https://advisera.com/eugdpracademy/knowledgebase/is-consent-needed-six-legal-bases-to-process-data-according-to-gdpr/
- How the GDPR could impact your HR department https://advisera.com/eugdpracademy/blog/2018/02/22/how-the-gdpr-could-impact-your-hr-department/
If you need to understand more about EU GDPR, you can consider enrolling in our free EU GDPR Foundations Course: https://advisera.com/training/eu-gdpr-foundations-course/
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Oct 12, 2021