The disclosure of the reference is likely to be unfair under the first
principle if the student has not agreed that a confidential reference can be given
to any particular prospective employer. Presumably, as with employment
references, the prospective employer (or educator / service supplier) has been
nominated by the individual and other requesters would not get a response.
The Employment Code says (and I see no reason why the precept should not
apply to students as well as workers):
References given: 1. Set out a clear company policy stating who can give
corporate references, in what circumstances, and the policy that applies to the
granting of access to them. Make anyone who is likely to become a referee
aware of this policy.
2. Do not provide confidential references about a worker unless you are sure
that this is the worker's wish.
3. Establish at the time a worker's employment ends, whether or not the
worker wishes references to be provided to future employers or to others.
Ian B 42
Ian Buckland
Managing Director
Keep IT Legal Ltd
Please Note: The information given above does not replace or negate the need
for proper legal advice and/or representation. It is essential that you do not
rely upon any advice given without contacting your solicitor. If you need
further explanation of any points raised please contact Keep I.T. Legal Ltd at
the address below:
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Website: www.keepitlegal.co.uk
----------
In a message dated 09/10/03 17:06:09 GMT Daylight Time,
[log in to unmask] writes:
> 1. Personal data are exempt from section 7 if they consist of a reference
> given or to be 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."
>
> This seems relatively unambiguous. I would say (unsurprisingly) that the
> JISC Data Protection Code of Practice is thus neither wholly against the
> letter or spirit of the Act.
---------------
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