Andrew Charlesworth is, of course, right. Confidential references GIVEN by
a referee do not have to be disclosed. the data subject should instead go
to the recipient of the reference, i.e. the would be employer, who IS
obliged to reveal the reference, subject to certain caveats.
Now in practice, this means the data subject can get hold of a copy of the
reference. I would recommend that if an HEI or FEI gets approached by a
data subject asking for such a copy, rather than a blanket refusal, it
should advise the data subject of his rights and point him in the direction
of the would-be employer. That would be in keeping with the spirit of the
Act.
Charles
Professor Charles Oppenheim
Department of Information Science
Loughborough University
Loughborough
Leics LE11 3TU
01509-223065
(fax) 01509-223053
----- Original Message -----
From: "Gerry Dane" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Thursday, October 09, 2003 4:03 PM
Subject: Confidential References - HE Sector
Dear all,
I know this is an old one but nevertheless:
In the JISC Data Protection Code of Practice for the HE and FE Sectors
(Version 2)
"11.1 References given by HE and FE institutions
Confidential references given by HE and FE institutions, including,
references written by written by employees in their formal capacity, or
as part of a standard procedure, (for example, as Head of Department, as
part of a promotions exercise) are exempted from subject access requests
where those references relate to:
* education, training or employment of the data subject
* appointment of the data subject to any office
* provision by the data subject of any service.
HE and FE institutions have the absolute discretion to refuse to release
confidential references written on their behalf if requested to do so
in, or as part of, a subject access request."
I reckon this goes wholly against the spirit of the Act. Can anyone tell
me on what sections of the Act such advice could be based?
The advice I want to give in this area is at complete variance with the
above - with a single caveat. i.e. Unless disclosure infringes the
rights of other data subjects.
Any view welcome.
Gerry.
Mr.G.Dane
University of Newcastle
Tel: 0191 222 5908
Email: [log in to unmask]
-------------------------------------------
The views expressed in this message are those of the
sender and not necessarily those of the University.
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