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When I apply for a job and it asks for sexuality/etc at the end, why is that? Does it

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    #92
    [Deleted User]
    Posts: 0 ✭ [Deleted User]


    Hi,

    I've read most but not all comments since OP. I haven't come across any legal opinions on this and at least personally, I'd crave that.

    From a data protection / GDPR perspective:

    GDPR Article 9:

    "1. Processing of personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person's sex life or sexual orientation shall be prohibited".

    Processing means they cannot record it in any way. No file, no database, just no.

    It is by default prohibited for any organisation to process that information, with very few exceptions e.g. healthcare.

    With data protection however, there are a few cases where you can voluntarily give up sensitive information - and lose your rights in the process. This appears to be one.

    "2. Paragraph 1 shall not apply if one of the following applies:
    a) the data subject has given explicit consent to the processing of those personal data for one or more specified purposes, except where Union or Member State law provide that the prohibition referred to in paragraph 1 may not be lifted by the data subject;    "

    and

    "e) processing relates to personal data which are manifestly made public by the data subject;"

    and, this one is cut short:

    "(32) Consent should be given by a clear affirmative act establishing a freely given, specific, informed and unambiguous indication of the data subject's agreement to the processing of personal data relating to him or her, such as by a written statement, including by electronic means, or an oral statement. "...

    But there is huge onus on the employer to make it clear in plain English that this info. is OPTIONAL and your potential job offer is NOT CONTINGENT on whether you volunteer this information or not.

    I don't know anything from the HR perspective, if anyone knew the legal side of that I'd be curious.

    I am fairly convinced that the way it was laid out would raise serious GDPR concerns with the Data Protection Commission (data protection government regulator).

    This kind of "sensitive personal data" is given higher legal protection under GDPR than your bank details, credit and debit card.

    I've been in too many Irish workplaces where I've seen blatant discrimination in these areas and it f**ks me right off.


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