Employment references provided by the data controller are exempt from SAR.
Employment references received by us are not subject to the exemption and I
have always dreaded getting an SAR from an aggrieved applicant who suspects
that his references scuppered his chances of a new job. We have just
received a SAR from a disgruntled applicant. The references were very frank
and could lead to future litigation between the applicant and his current
employer. The written reference led us to telephone the employer for
clarification and the notes of the telephone discussion are the more
explosive element. My concern is that we will get caught up in the middle
of this argument and it could lead to employers thinking twice before they
give us frank references. I know that we must protect the third party
rights of the author but do we have any obligations if authors were of the
opinion that they were giving the reference in confidence? Does writing "In
confidence" at the top of the reference mean anything at all?
I would be glad to hear your views.
Patrick Watson
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