I am going to be the lone voice who defends the rights of the individual!!
I would like to make the point that personal data does include any expression of opinion about the individual and any indication of the intentions of the data controller or any other person.The data controller also is not usually the individual who wrote the reference.
In deciding whether to withhold the information you need to take into account whether "it is reasonable in all the circumstances to comply with the request without the consent of the other individual concerned". See Section 7(6).
I think sometimes you have to be pragmatic about these things and give as much info as you possibly can - obliterate the name of the author and disclose!
There is a lesson to be learnt here - I advise staff in DP awareness training sessions to be careful what they write on personal files "if you would feel embarrassed if the client or applicant read it - don't write it!" Many authorities state when asking for references that the organisation operates an open policy with regard to references and on request the individual will be entitled to a copy - this gives them the option of writing something nice or declining to comment at the beginning!
>>> Stuart Lynch <[log in to unmask]> 07/27/01 03:41pm >>>
Sally
Schedule 7 (Miscellaneous Exemptions) para 1 should apply here:
Confidential references given by the data controller
1. Personal data are exempt from section 7 if they consist of a reference
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.
If, as you have stated, the reference is internal, ie given by one part of
the data controller's organisation for the purposes of another part of the
organisation, this exemption should apply.
Regards
Stuart
-----Original Message-----
From: Sally Justice [mailto:[log in to unmask]]
Sent: 27/07/2001 15:12
To: [log in to unmask]
Subject: internal confidential reference
There has been a lot of chat on this but the archives are unclear
and the contact who started this at Lancaster University is on hols!
can anybody give me advice (IC can't 2/3 months delay)
an internal report for promotion or not as the case maybe
can a data subject get access? I just need the facts
not the discussion of paper or electronic please but if
section 7. para 1 applies or not . I have been briefed
about the Gaskin case but both the sender and receiver
of this report are refusing access. I have asked for them
to clarify on what grounds and am still waiting.
thanks
Sally Justice < [log in to unmask]>
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