Dave,
The issue causing me to mention this was consideration of the potential work
coming after the criminal records bureau go-live. Checks on accuracy, as
well as dealing with subject access requests to material, could become a
full time bread and butter occupation.
Ian W
----- Original Message -----
From: "Dave Wyatt" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Wednesday, June 27, 2001 1:36 AM
Subject: Re: references
> Ian
>
> I would the data controller providing the reference has an impact.
> If a reference is inaccurate as to any matter of fact it can have a
> substantial impact on the individual.
> There was a Scottish Law case Spring v GRE which I recall related to a
> insurance salesman who was given a poor reference (non-factual) and could
> not get employment as a result. I believe the facts supporting the
reference
> were challenged and a settlement in the region of £250,000 was made. As Im
> working from memory I may have the facts slightly wrong but it was its
> association with the DPA accuracy principle and potential compensatory
> claims for damage which caused me to remember it.
> Another point this made me consider was despite all the discussions about
> whether a reference is available via subject access, it appears it would
be
> available as part of disclosure of evidence in any court case brought by a
> data subject challenging its impact on their career or recruitment.
>
> David Wyatt
>
> > -----Original Message-----
> > From: This list is for those interested in Data Protection issues
> > [mailto:[log in to unmask]]On Behalf Of Ian Welton
> > Sent: 26 June 2001 18:35
> > To: [log in to unmask]
> > Subject: Re: references
> >
> >
> > Coming in from a slightly different angle; If a potential
> > employer requests
> > a reference and the request contains specific questions relating to
say -
> > reliability, honesty or integrity, do the third and fourth
> > principles apply
> > to the content of any response?
> >
> > Ian W.
> >
> > ----- Original Message -----
> > From: <[log in to unmask]>
> > To: <[log in to unmask]>
> > Sent: Tuesday, June 26, 2001 10:33 AM
> > Subject: references
> >
> >
> > > Dear all
> > >
> > > To save me trawling through the mailbase or the Act itself,
> > could someone
> > > answer what I think is a simple question (my brain isn't in gear I'm
> > > afraid).
> > >
> > > We receive a request for a reference from an employer. Can we assume
by
> > the
> > > fact that we have received the request that a.) the data subject has
> > > provided us as the referee and b.) that it is in the interest
> > of the data
> > > subject for us to provide that reference. I suppose that what I am
> > getting
> > > at is "do we need to seek permission from the data subject for
> > release of
> > > the reference?" I am fairly sure that this isn't required, but not
> > certain!
> > >
> > > Thanks
> > > Matt Nunn
> > >
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