This is what I said about access to references in the third edition of Data
Protection for Voluntary Organisations - due out early next year (apologies
for the plug):
The Data Subject does not have the right to see a *confidential* reference
by means of a Subject Access request to the provider of the reference. They
may, however, make an application to the recipient. This Data Controller
then, of course, has to apply the 'third party' rule. If the provider of the
reference is an individual who is identifiable to the Data Subject, and
refuses consent, and is being reasonable, then access may be withheld.
In order to avoid complications, it is good practice to specify when
requesting a reference whether you expect it to be provided in confidence,
and kept confidential, or to be accessible to the Data Subject.
Paul Ticher
0116 273 8191
22 Stoughton Drive North, Leicester LE5 5UB
I hereby require any recipient of this message not to use my personal data
for direct marketing purposes.
----- Original Message -----
From: "Bailey, Trish" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Tuesday, November 04, 2008 9:36 AM
Subject: Employment References - Do or Dont
Sorry I have confused the hell out of all of you now. The DPA exemption
I referred to only applies to the Data Controller providing the
reference and not the recipient organisation. Therefore, as a recipient
organisation and ICO recommendations what have others done, have you
released or withheld and if you have withheld under what in the DPA did
you withhold under?
Sorry for not making myself clear the first time around.
Many thanks
Regards
trish
Trish Bailey
Information Governance
Telford & Wrekin Council
2a Darby House, Lawn Central
Telford, TF3 4LB
www.telford.gov.uk <http://www.telford.gov.uk>
em: [log in to unmask] <mailto:[log in to unmask]>
tel: 01952 382535
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Bailey, Trish
Sent: 04 November 2008 09:28
To: [log in to unmask]
Subject: Employment References - Do or Dont
Thank you to Peter for providing that for me. Now I have another
question for the list - the DPA clearly provides an exemption for the
supply of references to a data subject. However, the ICO recommendation
is as follows:-
In most circumstances, you should provide the information in a
reference, or at
least a substantial part of it, to the person it is about if they ask
for it. Even if the
referee refuses consent, this will not necessarily justify withholding
the
information, particularly where this has had a significant impact on the
individual, such as preventing them from taking up a provisional job
offer.
However, there may be circumstances where it would not be appropriate
for you
to release a reference, such as where there is a realistic threat of
violence or
intimidation by the individual towards the referee.
You should consider whether it is possible to conceal the identity of
the referee,
although often an individual will have a good idea who has written the
reference.
If it is not reasonable in all of the circumstances to provide the
information
without the referee's consent, you should consider whether you can
respond
helpfully anyway (for example, by providing a summary of the content of
the
reference). This may protect the identity of the referee, while
providing the
individual with an overview of what the reference says about them.
Is there a general consensus out there of withholding under the DPA
exemption or disclosing in accordance with the ICO recommendation?
Many thanks
Regards
trish
Trish Bailey
Information Governance
Telford & Wrekin Council
2a Darby House, Lawn Central
Telford, TF3 4LB
www.telford.gov.uk <http://www.telford.gov.uk>
em: [log in to unmask] <mailto:[log in to unmask]>
tel: 01952 382535
From: Dinsdale, Peter [mailto:[log in to unmask]]
Sent: 04 November 2008 09:22
To: Bailey, Trish
Subject: RE: [data-protection] Employment References
Hi Trish,
Schedule 7 paragraph 1 covers confidential references given by the data
controller.
Regards,
Peter Dinsdale
FOI & Data Protection Officer
0191 277 7038 ext 27038
________________________________
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Bailey, Trish
Sent: 04 November 2008 09:19
To: [log in to unmask]
Subject: [data-protection] Employment References
Hi
I know, because I have seen it, that this is specifically mentioned in
the DPA but I cannot for the life of me find it - always the way when
you need the information immediately.
I would be really grateful if anyone out there has this to their
fingertips and can point me to where it is in the Act.
Many thanks
Regards
trish
Trish Bailey Msc
Information Governance
Telford & Wrekin Council
2a Darby House, Lawn Central
Telford, TF3 4LB
www.telford.gov.uk
em: [log in to unmask]
tel: 01952 382535
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