For the next issue of DPN (due in 1999) we have already prepared about 2000
words on the subject of confidential references and in particular Subject
Access. We pulled it from the current issue because of space problems

If you want an advance copy of the text, please respond to this e-mail. I
can send the text in Word, as part of the e-mail, ascii or Wordperfect (and
even Displaywrite 5!); the default preference will be a Word 6 attachement

Chris Pounder
Editor


Data Protection News, Cap Gemini House
95 Wandsworth Road, London SW8 2HG
Tel: +44 (0) 171-917-4362/4704
Fax: +44 (0) 171-917-4666
E-mail: <[log in to unmask]> 
or <[log in to unmask]>

> ----------
> From: 	Dave Wyatt[SMTP:[log in to unmask]]
> Sent: 	13 Dec 1998 00:42
> To: 	[log in to unmask]
> Subject: 	Re: Disclosing References
> 
> Re access to reference query.
> 
> I also interpret the Act as only exempting references from disclosure from
> the provider not the receiver. Schedule 7 (1) is headed Confidential
> references given by a the data controller. Such data is exempt from Clause
> 7. Interestingly this exemption from clause 7 appears to preclude a data
> controller from informing individuals that references are being compiled.
> 
> I would be interested in hearing debates as to what problems are forseen
> in
> providing reference content to individuals given that such knowledge of
> content cannot effect a change to an accurate reference.
> 
> References can be one of the most damaging of items for an individual and
> it
> appears quite correct that there should be a mechanism whereby an
> individual
> can challenge the factual and accurate content of references.
> 
> There was a Scottish Law case during 1998 (name escapes me currently)
> where
> a reference given by a financial institution regards a salesman was proven
> to be not factual. This error had a bearing on his potential employment
> and
> resulted in a payout of ?250,000. Had the reference been accurate no
> problems would have occurred. If there was no rights of access an
> individual
> would be unable to challenge inaccuracies and could suffer substantial
> repercussions.
> 
> Enabling references to be accessible places an onus on the provider of a
> reference to take care in its production.
> 
> There had been debates regards the potential repercussions an individual
> could suffer where providing a non beneficial reference. The Act takes
> care
> of this via sections 7(4) and 7(5). These clauses highlights that while a
> data controller can withold the identity of another individual who could
> be
> identified from the data the controller should still provide as much of
> the
> information as possible.
> 
> The spirit of the Act is to ensure Data remains accurate and that
> individuals have a right of access and challenge to such data to ensure it
> remains so.
> 
> Judging from some debates on this subject I suspect that we will see a
> range
> of different approaches to the access to reference as data controllers
> strive to keep individuals from gaining access.
> 
> David Wyatt
> 
> -----Original Message-----
> From: Anne Johnson <[log in to unmask]>
> To: [log in to unmask] <[log in to unmask]>
> Cc: [log in to unmask] <[log in to unmask]>
> Date: 09 December 1998 14:04
> Subject: Disclosing References
> 
> 
> >
> >I would welcome the thoughts of members on this issue.
> >
> >I know that Mike Lloyd said recently that he had raised the issue with
> >UCAS but apparently they are *still* going down the lines of interpreting
> >the Data Protection Act 1998 as affording no protection from disclosing
> >confidential references *received* by a data controller.
> >
> >As has been discussed before on the mailbase, the generally accepted
> >interpretation appears to be:
> >
> >Schedule 7 of the Act deals with specific exemptions but relates only to
> >references *provided* by the data controller. However, the rights
> provided
> >in Section 7 of the Act itself allow references *received* by data
> >controller to be withheld in almost all circumstances, since by
> disclosing
> >them they would identify a third party. [apart from the fact that we
> >should respect the rights of the original data controller as well..]
> >
> >I think it it still important that schools and colleges feel that they
> >*can* write confidential references as it could have a huge disadvantage
> >for students whose circumstances they feel thay cannot explain fully (for
> >example, problems with staffing or illess).
> >
> >Does anyone else have any views on this?
> >
> >
> >
> >
> >__________________________________
> >Anne Johnson
> >Assistant Registrar (Student Systems)
> >University of Sussex; Tel: 01273 (67)8761
> >e-mail [log in to unmask]
> >
> >
> >
> >
> 


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