In a message dated 23/04/2002 22:08:10 GMT Daylight Time,
[log in to unmask] writes:
<< You are right, I had forgotten about the definition in s.1. But that
strengthens the case against disclosure of a reference given in confidence
in the hands of the recipient and for an interpretation of Schedule 7 that
is contrary to received wisdom (I will not go into the other arguments for
interpreting Schedule 7 to cover all stages of the life of the reference
here). Anything that involves an expression of opinion is then protected
which could be almost everything in the reference. Further, it justifies not
showing the reference (in so far as an opinion is expresed) even if the
identity of the author of the reference is known already to the subject
because the subject asked the author to write the reference. >>
----------
Rose
I don't think your interpretation is correct.
In my opinion, and the general view seems to be that, the definition means
that as the opinion is personal data, about the data subject not the referee,
the data subject will normally have a right of access to it.
The exemptions to subject access set out the limited circumstances when the
information about them can be withheld. Opinions are not exempt. They would
have to be disclosed to the data subject.
Schedule 7 allows an exemption from the data subject's right to see these
opinions only where the reference is given in confidence. It does not
generally protect the referee by suggesting that their opinions about another
person can be kept secret. If the data subject applies to the recipient of
the reference for subject access, only the referee's name and other
identifiers **might** qualify for exemption, not the opinions themselves.
Ian Buckland
Managing Director
Keep IT Legal Ltd
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