Article 29 Working Party Opinion 2/2017 on Data Processing at Work (WP249)
Section 3: Principles, legal grounds and GDPR duties for employers – Article 29 Working Party Opinion 2/2017 on Data Processing at Work (WP249)

Article 29 Working Party Opinion 2/2017 on Data Processing at Work (WP249) 3.1(b): 3.1(b) Proportionality and subsidiarity, whatever the legal ground, tested before monitoring starts

Whatever legal ground is used, the employer should apply proportionality and subsidiarity and should run a proportionality test before processing begins: whether the processing is needed for a legitimate purpose, whether it is fair, proportionate to the concern and transparent, and which measures keep any intrusion into private life and the secrecy of communications to the minimum. The test can sit inside a data protection impact assessment, and section 6.2 repeats it for every monitoring tool before deployment.

Maintained by Gerard Blokdyk

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  • GDPR-Art.5 Principles relating to processing of personal data

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Other controls in Section 3: Principles, legal grounds and GDPR duties for employers – Article 29 Working Party Opinion 2/2017 on Data Processing at Work (WP249)

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