My interpretation is that we have to respect any duty of confidentiality to
the person giving the reference, in particular if that person expressly
wished the reference to remain confidential.
I understand that advice given at a UCAS presentation this Autumn had
suggested that references on UCAS forms could not be treated as
confidential. I question that advice, since the process allows for the
person giving the reference to indicate whether it should remain
confidential.
Mike
> ----------
> From: [log in to unmask]
> Reply To: [log in to unmask]
> Sent: Monday, November 23, 1998 5:11 pm
> To: [log in to unmask]
> Subject: Confidential References
>
> Hi all,
>
> I have been reading B-] the Registrar's guidance on the DP98 act. Under
> Chapter 5 "Exemptions", 3. The Miscellaneous Exemptions, it says:
>
> "3.1 Confidential references given by the data controller
>
> Personal data which consist of a confidential reference given
> or to be given by the data controller for specified purposes (education,
> training or employment, appointment to office or provision of
> any service) are exempt from subject access. This exemption is
> not available for such references where they are received by the
> data controller."
>
> What puzzles me is the very last sentence. Does it really mean that
> references we receive for a subject have to be disclosed to the subject if
> s/he asks etc?
>
>
> Would then such a scenario be possible:
> 1. One of our employees wants to see what reference we would give him/her.
> We (the institution) refuse.
> 2. Our employee applies for a job elsewhere and we give a reference to the
> other employer.
> 3. Our employee has the right to ask for the reference from the other
> *potential* employer.
>
> Thanks for any thoughts.
> Regards
> Charles
>
> ==============================================
> Charles Christacopoulos, Secretary's Office, University of Dundee,
> Dundee DD1 4HN, (Scotland) United Kingdom.
> Tel: +44+(0)1382-344891. Fax: +44+(0)1382-201604.
> WebDad of http://somis.ais.dundee.ac.uk/
> Home of the Scottish Search Maestro http://somis2.ais.dundee.ac.uk/
> Happily using OS2 Warp.
> ==============================================
>
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