Remember
The issue of the exemption to SAR for references is only for references
written by you the data controller, if the reference is from a third party
then this exemption does not apply. In this case you who have to look into
the issue of whether a duty of confidence is owed by you to the referee,
this is quite a complex area just look at the Coco v. AN Clark (Engineers)
Ltd 1969 case!
This council like many others do hold references on personal files for
longer than the initial recruitment phase, and we will also have to look
into this.
Anyone out there developed a retention period for references received, in
line with DPA and other relevant legislation?
Paul Couldrey
Data Protection Officer
Wolverhampton City Council
-----Original Message-----
From: Hodgetts, Jonathan
[mailto:[log in to unmask]]
Sent: 30 August 2001 09:54
To: [log in to unmask]
Subject: Re: Charging for Employee Subject Access requests
Like many companies, we have always retained references on file to refer
back in case of problems with the employee and as additional background
information if the individual applies for another position in the company.
Yes, this is a policy which companies need to review in light of the
conflicting requirements to maintain confidence to the provider of the
reference and provide subject access under the Act. Also it is questionable
if the continued retaining of such data be justified in accordance with
principle 5.
However, is the answer to destroy the reference, and if so when, immediately
after employment is offered, or at the end of the probationary period? If
the latter is the case, then there must surely still be a subject access
issue?
Jonathan Hodgetts
Information Security Manager
The MCPS-PRS Alliance Limited
-----Original Message-----
From: Graham Smith [mailto:[log in to unmask]]
Sent: 29 August 2001 23:46
To: [log in to unmask]
Subject: Re: Charging for Employee Subject Access
requests
Sensitivity: Confidential
Jonathan Hodgetts wrote, concerning subject access rights:
> This includes references given in confidence when the
> employee joined the organisation, for which we are
> dubious about giving subject access.
Forgive me for asking the obvious question, but surely the
purpose of
requesting references is to assist you in deciding whether
to offer
employment to an individual. Once that decision has been
made, what benefit
do you derive from retaining the reference on file?
--
Graham Smith
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