The situation is more complicated than that.
I. No they can't say no - the information is about the subject; it is only
incidentally about the third party
2. see ODPC's paper on "Subject access rights and 3rd party information"
3. I will deal more with the subject in the forthcoming revised edition of
the BSI "Guide to the Practical Implementation of the data protection Act
1998" of which I am the author.
Alasdair Warwood
----------
> From: Broom, Doreen <[log in to unmask]>
> To: 'nrc4' <[log in to unmask]>
> Cc: [log in to unmask]
> Subject: RE: References
> Date: 27 April 2000 15:27
>
> 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
> > ***********************
> ________________________________________________________________
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