Message-ID: <[log in to unmask]>
Disposition-Notification-To: Lucinda Bennett <[log in to unmask]>
Priority: NORMAL
X-Mailer: Execmail for Win32 Version 5.0.1 Build (55)
MIME-Version: 1.0
Content-Type: Text/Plain; charset="us-ascii"
> Hope this helps. I'm trying to clarify the position when
> a reference is provided on behalf of an institution to the
> same institution!
Yes, I had wondered about this aspect too.
Lucinda
On Fri, 24 Mar 2000 15:03:45 +0000 nrc4 <[log in to unmask]>
wrote:
> I have taken advice from the Data Protection Commissioner's Senior
> Compliance Manager re references - he told me:-
>
> 'In the hands of the referee references are exempt from the subject
> access provisions of the Act. However, when received from a third party
> the exemption does not apply. Of course, in many cases a reference will
> identify other data subjects, particularly if the reference has been
> written by an individual rather than an organisation. In those
> circumstances the data controller should first of all seek permission of
> the third party. If permission to disclose the information of the data
> subject is withheld, then in most cases the data controller should
> remove that part of the reference which identifies the third party. In
> some rare circumstances the Act envisages that it will be proper to
> disclose the third party information even without consent. (See also
> Section 7 of the Act.)
>
> Clearly in many cases an individual will be able to guess the identity
> of the referee from the reference itself. While this may be the case, a
> data controller is only entitled to remove that information which
> actually identifies the referee. It will be very rare that a controller
> will be justified in withholding the whole of a reference in response to
> a subject access request.'
>
> Hope this helps. I'm trying to clarify the position when a reference is
> provided on behalf of an institution to the same institution!
>
> Nadine Cleaver
> DP Co-ordinator
> University of York
>
> Lucinda Bennett wrote:
> >
> > Colleagues
> >
> > I wonder if anyone could enlighten me with regards to the
> > thorny issue of confidential references. My understanding
> > is that if a conf ref is given for specified purposes then
> > the giver is not obliged to disclose it to the data subject
> > under a subject access request, but that the data subject
> > may be able to obtain a copy from the recipient. However,
> > in discussions with a solicitor recently, his interpretation
> > was different: that a confidential reference given for
> > specified purposes will remain confidential even if the
> > data subject approaches the recipient for a copy.
> >
> > I have checked out the DPO booklet and it concurs with the
> > the former view set out above, as does a number of other
> > documentation, as does this mailbase group. However, I
> > have looked at the Act itself and the wording is somewhat
> > ambiguous and, having thought about the matter in the light
> > of the solicitor's comments, it could be argued that the
> > latter point above may be correct. The Act itself states
> > as follows:-
> >
> > 1. Personal data are exempt from section 7 if they consist
> > of a reference given or to be given in confidence by the
> > data controller for the purposes of-
> >
> > (a) the education, training or employment, or prospective
> > education, training or employment, of the data subject,
> >
> > (b) the appointment, or prospective appointment, of the
> > data subject to any office, or
> >
> > (c) the provision, or prospective provision, by the data
> > subject of any service.
> >
> > Could it be argued that once the confidential reference was
> > in the hands of the recipient, the reference was given in
> > confidence and is therefore exempt from disclosure?
> >
> > ----------------------
> > Lucinda Bennett
> > Administrative Officer
> > Registry, Room 159
> > University of Exeter Tel: 01392 263355
> > Northcote House Fax: 01392 263108
----------------------
Lucinda Bennett
Administrative Officer
Registry, Room 159
University of Exeter Tel: 01392 263355
Northcote House Fax: 01392 263108
%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%
|