fair and lawful processing
The first data protection principle is that information must be processed fairly and lawfully. In particular, one of the conditions for fair and lawful processing set down by the Act must be met.
These conditions are set out below:
The individual has consented to the processing.
The processing is necessary for the performance of the individual's employment contract or in order to enter into an employment contract with the individual. This could apply, for example, to the processing of information given on a job application form.
The processing is necessary for the employer to comply with a legal obligation, other than a contractual obligation. For example, this could cover processing that is necessary in order for the employer to deduct income tax from an employee's pay.
The processing is necessary to protect the vital interests of the individual. This covers life and death situations, such as where an employer may need to give information about an individual's medical history to a hospital if he or she has had an accident at work.
The processing is necessary for the purposes of the employer's legitimate interests and does not unduly prejudice the individual. This broadly phrased condition will cover many types of processing that a company must carry out in the course of employing an individual.