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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