JiscMail Logo
Email discussion lists for the UK Education and Research communities

Help for DATA-PROTECTION Archives


DATA-PROTECTION Archives

DATA-PROTECTION Archives


data-protection@JISCMAIL.AC.UK


View:

Message:

[

First

|

Previous

|

Next

|

Last

]

By Topic:

[

First

|

Previous

|

Next

|

Last

]

By Author:

[

First

|

Previous

|

Next

|

Last

]

Font:

Proportional Font

LISTSERV Archives

LISTSERV Archives

DATA-PROTECTION Home

DATA-PROTECTION Home

DATA-PROTECTION  April 2018

DATA-PROTECTION April 2018

Options

Subscribe or Unsubscribe

Subscribe or Unsubscribe

Log In

Log In

Get Password

Get Password

Subject:

Re: References

From:

Roland Perry <[log in to unmask]>

Reply-To:

Roland Perry <[log in to unmask]>

Date:

Wed, 4 Apr 2018 17:52:50 +0100

Content-Type:

text/plain

Parts/Attachments:

Parts/Attachments

text/plain (140 lines)

In message 
<[log in to unmask]
d.co.uk>, at 15:08:02 on Wed, 4 Apr 2018, "Bryant, Murray" 
<[log in to unmask]> writes
>The ICOs advice on using 'contract' as a lawful basis for processing 
>can be found here: 
>https://ico.org.uk/for-organisations/guide-to-the-general-data-protectio
>n-regulation-gdpr/lawful-basis-for-processing/contract/
>And reads:
>
>When is the lawful basis for contracts likely to apply?
>You have a lawful basis for processing if:
>•you have a contract with the individual and you need to process 
>their personal data to comply with your obligations under the contract.

When references are being sought, it's very likely there's only a 
provisional [employment] contract. Or in some cases, where references 
are sought pre-interview, what contract would there be (a promise to 
provide an interview??)

>•you haven’t yet got a contract with the individual, but they have 
>asked you to do something as a first step (eg provide a quote) and you 
>need to process their personal data to do what they ask.

But should it not be transparent what depth of personal data will be 
requested? Asking for prior employment start and finish dates are quite 
a different kettle of fish to asking a referee to supply a copy of every 
annual appraisal for the last n years.

>I would make the case that this allows you to request references.
>
>In regards to using consent, there is a clear imbalance of power and it 
>will obviously negatively impact the data subject if they refuse so 
>it's not freely given, I think this would not be the appropriate basis.
>
>Kind Regards,
>
>Murray Bryant
>
>
>-----Original Message-----
>From: This list is for those interested in Data Protection issues 
>[mailto:[log in to unmask]] On Behalf Of Roland Perry
>Sent: Wednesday, April 04, 2018 3:37 PM
>To: [log in to unmask]
>Subject: Re: [data-protection] References
>
>*********************************************************
>This email has reached the Bank via the Internet or an external network
>*********************************************************
>In message
><[log in to unmask]
>ok.com>, at 14:58:56 on Thu, 29 Mar 2018, Peter Dinsdale 
><[log in to unmask]> writes
>
>>Just one point on consent that strikes me as I think about it - how
>>'freely given' do you think consent could be in the recruitment
>>context? What do you think a refusal to consent to references would do
>>to someone's prospects of being offered the job?
>
>Doesn't that depend on the (traditionally extremely non-transparent) 
>questions the prospective employer might ask the referee?
>
>In particular, the "most obvious" question for a layperson is 'are they 
>suitable for the job they are being offered' when most referees will 
>have no clue whatsoever what suitability criteria there might be.
>
>On the other hand, if all they are being asked is whether the applicant 
>is an out-and-out imposter, why would anyone quote a referee likely to 
>say "yes"?
>
>Then there's the whole business about giving people you want rid of, a 
>glowing reference.
>--
>Roland Perry
>
>^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
>     All archives of messages are stored permanently and are
>      available to the world wide web community at large at
>      http://www.jiscmail.ac.uk/lists/data-protection.html
>     If you wish to leave this list please send the command
>       leave data-protection to [log in to unmask] All user 
>commands can be found at 
>https://www.jiscmail.ac.uk/help/subscribers/subscribercommands.html
> Any queries about sending or receiving messages please send to the list owner
>              [log in to unmask]
>  Full help Desk - please email [log in to unmask] describing your needs
>        To receive these emails in HTML format send the command:
>         SET data-protection HTML to [log in to unmask]
>   (all commands go to [log in to unmask] not the list please)
>    ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
>
>************************************************************************
>***********
>This e-mail (including any attachments) is intended only for the 
>addressee(s) named above. Its contents may be confidential. If you 
>receive this e-mail in error, please immediately contact the sender and 
>delete this e-mail. Unauthorised use, disclosure, storage or copying of 
>this email and any attachments is not permitted and may be unlawful.
>
>The Bank of England is located at Threadneedle Street, London EC2R 8AH. 
>The Prudential Regulation Authority is located at 20 Moorgate, London 
>EC2R 6DA. Please visit www.bankofengland.co.uk.
>************************************************************************
>***********
>
>^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
>     All archives of messages are stored permanently and are
>      available to the world wide web community at large at
>      http://www.jiscmail.ac.uk/lists/data-protection.html
>     If you wish to leave this list please send the command
>       leave data-protection to [log in to unmask]
>All user commands can be found at 
>https://www.jiscmail.ac.uk/help/subscribers/subscribercommands.html
> Any queries about sending or receiving messages please send to the list owner
>              [log in to unmask]
>  Full help Desk - please email [log in to unmask] describing your needs
>        To receive these emails in HTML format send the command:
>         SET data-protection HTML to [log in to unmask]
>   (all commands go to [log in to unmask] not the list please)
>    ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

-- 
Roland Perry

^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
     All archives of messages are stored permanently and are
      available to the world wide web community at large at
      http://www.jiscmail.ac.uk/lists/data-protection.html
     If you wish to leave this list please send the command
       leave data-protection to [log in to unmask]
All user commands can be found at https://www.jiscmail.ac.uk/help/subscribers/subscribercommands.html
 Any queries about sending or receiving messages please send to the list owner
              [log in to unmask]
  Full help Desk - please email [log in to unmask] describing your needs
        To receive these emails in HTML format send the command:
         SET data-protection HTML to [log in to unmask]
   (all commands go to [log in to unmask] not the list please)
    ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

Top of Message | Previous Page | Permalink

JiscMail Tools


RSS Feeds and Sharing


Advanced Options


Archives

March 2024
February 2024
January 2024
December 2023
November 2023
October 2023
September 2023
August 2023
July 2023
June 2023
May 2023
April 2023
March 2023
February 2023
January 2023
December 2022
November 2022
October 2022
September 2022
August 2022
July 2022
June 2022
May 2022
April 2022
March 2022
February 2022
January 2022
December 2021
November 2021
October 2021
September 2021
August 2021
July 2021
June 2021
May 2021
April 2021
March 2021
February 2021
January 2021
December 2020
November 2020
October 2020
September 2020
August 2020
July 2020
June 2020
May 2020
April 2020
March 2020
February 2020
January 2020
December 2019
November 2019
October 2019
September 2019
August 2019
July 2019
June 2019
May 2019
April 2019
March 2019
February 2019
January 2019
December 2018
November 2018
October 2018
September 2018
August 2018
July 2018
June 2018
May 2018
April 2018
March 2018
February 2018
January 2018
December 2017
November 2017
October 2017
September 2017
August 2017
July 2017
June 2017
May 2017
April 2017
March 2017
February 2017
January 2017
December 2016
November 2016
October 2016
September 2016
August 2016
July 2016
June 2016
May 2016
April 2016
March 2016
February 2016
January 2016
December 2015
November 2015
October 2015
September 2015
August 2015
July 2015
June 2015
May 2015
April 2015
March 2015
February 2015
January 2015
December 2014
November 2014
October 2014
September 2014
August 2014
July 2014
June 2014
May 2014
April 2014
March 2014
February 2014
January 2014
December 2013
November 2013
October 2013
September 2013
August 2013
July 2013
June 2013
May 2013
April 2013
March 2013
February 2013
January 2013
December 2012
November 2012
October 2012
September 2012
August 2012
July 2012
June 2012
May 2012
April 2012
March 2012
February 2012
January 2012
December 2011
November 2011
October 2011
September 2011
August 2011
July 2011
June 2011
May 2011
April 2011
March 2011
February 2011
January 2011
December 2010
November 2010
October 2010
September 2010
August 2010
July 2010
June 2010
May 2010
April 2010
March 2010
February 2010
January 2010
December 2009
November 2009
October 2009
September 2009
August 2009
July 2009
June 2009
May 2009
April 2009
March 2009
February 2009
January 2009
December 2008
November 2008
October 2008
September 2008
August 2008
July 2008
June 2008
May 2008
April 2008
March 2008
February 2008
January 2008
December 2007
November 2007
October 2007
September 2007
August 2007
July 2007
June 2007
May 2007
April 2007
March 2007
February 2007
January 2007
2006
2005
2004
2003
2002
2001
2000
1999
1998


JiscMail is a Jisc service.

View our service policies at https://www.jiscmail.ac.uk/policyandsecurity/ and Jisc's privacy policy at https://www.jisc.ac.uk/website/privacy-notice

For help and support help@jisc.ac.uk

Secured by F-Secure Anti-Virus CataList Email List Search Powered by the LISTSERV Email List Manager