In a message dated 29/04/2002 15:46:15 GMT Daylight Time,
[log in to unmask] writes:
<< Surely the reference is confidential if it is "given in confidence", ie is
provided by the referee direct to the organisation/body making the request
and not via the data subject. In the past this designation meant in
addition that the reference would not be revealed to the data subject.
Although things have changed and some rights of access are now given to the
data subject the type of reference we are talking about is clearly not an
"open" or "standard" one. You are merely muddying the waters by alluding
to them. There is a declared exemption in the legislation from the subject
access provisions for a data controller who provides a confidential
reference.
Don't expect a reply, just wanted to get my twopennyworth in.>>
---------
Oh, but you must expect a reply if you accuse me of "muddying the waters",
surely you know me well enough by now to realise I will always bite when bait
in thrown in my direction, particularly when it is such a juicy morsel.
Employers often have standard references with the word "confidential" written
at the top of the base document with a number of standard paragraphs to
insert as appropriate. Very rarely do these go via the employee. "Given in
confidence" is not quite as simple as you suggest.
In any case, in my view, only the sender can use the exemption, not the
recipient. If the exemption had said "Personal data are exempt from section
7 if they consist of a reference given or to be given in confidence by A or
ANY data controller . . ." then the recipients would also be covered by the
exemption but as it is - I don't think so.
Please remember, though, that these are my personal opinions and not
necessarily those of the majority.
Ian Buckland
Managing Director
Keep IT Legal Ltd
Please Note: The information contained in this document does not replace or
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