Dear All,
I recall that before the DPA was passed, there was provision within it that suggested that employee references would be exempt from disclosure to the data subject. See Chris Pounder's blog on this topic. https://amberhawk.typepad.com/amberhawk/2018/05/confidential-employment-reference-exemption-in-dpbill-ensures-that-references-are-no-longer-availabl.html
The Act as passed suggests that nothing has changed in that the same approach under the old DPA still applies under the new DPA. The approach is still Confidential References Given by the Controller as set out in Schedule 11 — Other exemptions under Part 4
Confidential references given by the controller
11 The listed provisions do not apply to personal data consisting of a reference
given (or to be given) in confidence by the controller for the purposes of—
(a) the education, training or employment (or prospective education, training or employment) of the data subject,
(b) the appointment (or prospective appointment) of the data subject to any office, or
(c) the provision (or prospective provision) by the data subject of any service.
What this suggests is that the situation is the same as before the controller who sends the reference can refuse it but the controller that receives the reference is under an obligation to disclose unless another exemption applies.
Is this the correct understanding?
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