Of course there is still the question of whether a reference IS confidential, particularly where given by or on behalf of a controller, where the basis for processing will typically be subject consent.
Has anyone considered whether, if I provide the name of e.g. a former employer to provide a reference, they are entitled to ask for and receive a 'confidential' reference if that was not specified on the application form? Could that be within the concept of "fully informed" consent?
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