In a message dated 06/12/2001 17:37:07 GMT Standard Time,
[log in to unmask] writes:
<< The subject of the reference is not entitled to see any information
which identifies the giver of the reference [s 7(4) and (5)] or
allows his or her identity to be deduced [s 8(7)], unless that
individual consents.
Without consent, much of the reference might legitimately be
withheld on the grounds that the student would know from what it said
that only you could have given it... >>
------------
Sorry but I don't agree. Most of the reference would be given not withheld.
If the referee has given the reference in an official capacity and it is not
a personal reference (assuming the majority of it purports to be fact) the
employee should be shown the reference.
If any former boss, tutor, or whoever, is not prepared to reveal their
identity for the purposes of the subject access request I'm not sure they
would be the right ones to give a reference on behalf of the organisation.
If the identity is withheld it should be for a specific reason, such as the
data subject might cause harm to the referee, even though the information is
accurate. If the organisation that gives the reference has concerns such as
this they should ensure the reference is suitably anonymised.
Any tutor (or manager) who puts in a reference "when I taught this person . .
." or "when this person was in my team . . .", they might be identifying
themselves but it is also reasonable to assume that the person they are
writing about already knows their identity and therefore it would be
pointless to withhold it.
The purpose of the exemption (it is not a blanket exemption) is to protect
identity where it is not already known and it is unreasonable in the
circumstances to disclose it, not to protect individuals who want to make
unsubstantiated claims.
Ian Buckland
MD
Keep IT Legal Ltd
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