My view would be that, ordinarily, an individual has the right of access
to references received by their current/prospective employers, and the
fact that the reference was supplied by the same data controller should
not prevent the right of access to which they would be entitled in every
other situation.
Antoinette Carter
Information Policy Adviser, Information Governance
Global Information Systems (GIS)
Tel: (0)20 7389 4016
BCTN: 8 010 4016
Email: [log in to unmask]
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Stephen Hughes
Sent: 30 June 2009 10:17
To: [log in to unmask]
Subject: [data-protection] Internal references and subject access
requests
We have a Subject Access Request which includes copies of 'internal
references', ie employment references provided by a manager in this
council in respect of a job vacancy in this council.
DPA Schedule 7 part 1 states that references given the data controller
are exempt from the right of access. However in this case the data
controller (the
council) both gave and received the reference.
I can't find any definitive opinion on this so would be grateful for any
views
and opinions.
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