Nearly, but I deliberately did not restrict the description to 'purpose'
only, as that word is frequently applied more widely in DPA1998 terms, and
in that sense could mislead rather than inform the debate.
The 'purpose' the data is 'used' for changes.
The reference process appears to consist of:-
1. The origination of a reference. (During which time some details about a
person are collated and recorded, generating a set of personal data.)
2. That set of personal data or reference is then 'given' for use in a
different context in order to inform others of the contents.
Until a reference is 'given' for further 'use' the exemption would seem to
apply.
In my opinion after it is 'given', or when it is 'received' for the
'purpose' of informing others the exemption would not apply.
Hence if a reference is never received it would not be available to be
'used' in the context of the second 'purpose' so could not have been given.
e.g. Reference provided by data controller for a specific internal
role/appointment the data subject applies for. When used in the context of
that specific role/appointment no exemption would appear to apply as the
reference would have been received for 'use' in that 'purpose'.
Of course singular arguments will exist that an item cannot be separately
given and received by the same body, but that appears to deny the common
functionality of many things like internal post, e-mail systems and other
organisational processes/mechanisms.
Ian W
N.B. I removed the rather large footer to reduce message size.
> -----Original Message-----
> From: This list is for those interested in Data Protection
> issues [mailto:[log in to unmask]] On Behalf Of Tim Trent
> Sent: 10 November 2005 14:16
> To: [log in to unmask]
> Subject: Re: References
>
>
> I'm with you on this, Ian.
>
> If I read you correctly, the piece of data may never have
> moved but the purpose for which it is being processed has changed.
>
> I simply think a reference must be fair and truthful, so have
> never seen why it was ever "confidential" in the first place.
>
>
> Tim Trent - Consultant
> Direct: +44(0)1344 392644 Mobile:+44(0)7710 126618
> email: [log in to unmask]
> Marketing Improvement Limited, Abbey House, Grenville Place,
> Bracknell, United Kingdom, RG12 1BP
> http://www.marketingimprovement.com
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