In a message dated 27/04/2000 17:59:42 GMT Daylight Time,
[log in to unmask] writes:
<< I think referees and receivers of references should work on the assumption
that it may well be reasonable to disclose them to the data subject. >>
I agree whole-heartedly.
Please do not forget that the DPA98, when it talks about protecting the
identity of "the other individual" applies only to living individuals which -
in terms of employers giving references - would only protect sole traders and
small partnerships.
Limited companies and PLCs would get no protection whatsoever from the Data
Protection legislation.
If you warn prospective referees that you may not be able to guarantee
anonymity and that they may be asked to validate any claims made (positive or
negative) about the potential recruit, the quality and truthfulness of
references can only improve.
Ian Buckland
MD
Keep IT Legal Ltd
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