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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