I am amazed by this interpretation. The Act says 'Where a data controller
cannot comply with the request without disclosing information relating to
another individual >who can be identified from that information< he is not
obliged to comply with that request....' For example, if the reference says X
worked for me from x to x and performed these duties, etc, etc then that
surely is information from which the individual can be identified. Therefore
that data cannot be disclosed unless one of the other conditions specified in
the Act is met. Nowhere does it say only the data identifying the third party
should not be disclosed - or have I been missing something important about
third party disclosures all this time?
Dennis Barrington-Light
Head of Student Records and Statistics
University of Cambridge, 10 Peas Hill, Cambridge CB2 3PN
Tel: 01223-332303 (Direct line) Fax: 01223-331200
Email: [log in to unmask] or [log in to unmask]
nrc4 <[log in to unmask]> on 27/04/2000 15:52:38
Please respond to nrc4 <[log in to unmask]>
To: "Broom, Doreen" <[log in to unmask]>
cc: "[log in to unmask]" <[log in to unmask]>
(bcc: Dennis Barrington-Light/REG/Central-Admin)
Subject: Re: References
References given to a third party or given by a third party are an
entirely different kettle of fish! In the hands of the referee such
references are exempt from the subject access provisions of the Act.
However, when received from a third party the exemption does not apply.
I had some interesting advice from the DPCO on maintaining
confidentiality for referees they said:- 'While in many cases an
individual will be able to guess the identity of the referee from the
reference itself, 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'.
Nadine
"Broom, Doreen" wrote:
>
> Thanks for this.
> Can I just enquire though - if a reference is given say by a Head of Dept.
> to an external organisation - my understanding is that the employee can go
> to that organisation and ask to see a copy of that reference although I
> believe it is up to the individual organisation to say whether or not they
> wish to disclose e.g. they can say it is third party information and
> therefore can refuse unless they have consent. Am I correct in my
> understanding?
> Doreen
>
> > -----Original Message-----
> > From: nrc4 [SMTP:[log in to unmask]]
> > Sent: 27 April 2000 14:44
> > To: [log in to unmask]
> > Subject: References
> >
> > I have recently had a response from the DPCO clarifying the position re
> > confidential references, where the data controller (in this case a
> > university) is not only the giver but also the receiver of the
> > reference. They advise that personal references are exempt from subject
> > access while they remain in the hands of the data controller. They
> > confirm that all information contained in confidential references given
> > by the University or by its staff acting on behalf of the University are
> > exempt from subject access.
> >
> > Heads of Department will gain some comfort from this!
> >
> > Nadine
> > --
> > **********************
> > Nadine Cleaver GCGI
> > PA to Vice-Chancellor
> > University of York
> > Tel (01904) 432001 (General Enquiries)
> > Tel (01904) 434461 (Development Office/Data Protection Co-ordination)
> > Fax (01904) 432003
> > ***********************
> ________________________________________________________________
>
> This e-mail is privileged, confidential and subject to copyright.
> Any unauthorised use or disclosure of its contents is prohibited.
> The views expressed in this communication may not necessarily
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> _________________________________________________________________
--
**********************
Nadine Cleaver GCGI
PA to Vice-Chancellor
University of York
Tel (01904) 432001 (General Enquiries)
Tel (01904) 434461 (Development Office/Data Protection Co-ordination)
Fax (01904) 432003
***********************
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