 |
 |
The situation is more complicated than that. I. No they can't say no - the information is about the subject; it is only incidentally about the third party 2. see ODPC's paper on "Subject access rights and 3rd party information" 3. I will deal more with the subject in the forthcoming revised edition of the BSI "Guide to the Practical Implementation of the data protection Act 1998" of which I am the author. Alasdair Warwood ---------- > From: Broom, Doreen <[log in to unmask]> > To: 'nrc4' <[log in to unmask]> > Cc: [log in to unmask] > Subject: RE: References > Date: 27 April 2000 15:27 > > Thanks for this. > Can I just enquire though - if a reference is given say by a Head of Dept. > to an external organisation - my understanding is that the employee can go > to that organisation and ask to see a copy of that reference although I > believe it is up to the individual organisation to say whether or not they > wish to disclose e.g. they can say it is third party information and > therefore can refuse unless they have consent. Am I correct in my > understanding? > Doreen > > > > -----Original Message----- > > From: nrc4 [SMTP:[log in to unmask]] > > Sent: 27 April 2000 14:44 > > To: [log in to unmask] > > Subject: References > > > > I have recently had a response from the DPCO clarifying the position re > > confidential references, where the data controller (in this case a > > university) is not only the giver but also the receiver of the > > reference. They advise that personal references are exempt from subject > > access while they remain in the hands of the data controller. They > > confirm that all information contained in confidential references given > > by the University or by its staff acting on behalf of the University are > > exempt from subject access. > > > > Heads of Department will gain some comfort from this! > > > > Nadine > > -- > > ********************** > > Nadine Cleaver GCGI > > PA to Vice-Chancellor > > University of York > > Tel (01904) 432001 (General Enquiries) > > Tel (01904) 434461 (Development Office/Data Protection Co-ordination) > > Fax (01904) 432003 > > *********************** > ________________________________________________________________ > > This e-mail is privileged, confidential and subject to copyright. > Any unauthorised use or disclosure of its contents is prohibited. > The views expressed in this communication may not necessarily > be the views held by the Scottish Borders Council. > _________________________________________________________________ %%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%