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"There is no DP exemption - repeat, no exemption - from subject access on the grounds of confidentiality!" OH YES THERE IS - Schedule 7, para 1! Maurice's comments relate to the recipient of a confidential reference not the sender. I did a Data Protection News (my previous DOP mag I did) on the subject of confidential references; if anybody wants it I will e-mail them it Chris -----Original Message----- From: [log in to unmask] Sent: 01 February 2001 16:56 To: [log in to unmask] Subject: Re: Subject Access - Disclosure Hang on everyone! There is no DP exemption - repeat, no exemption - from subject access on the grounds of confidentiality! See section 27(5) of the DPA which explicitly overrides any common law obligation of confidentiality. This states: "Except as provided by this Part, the subject information provisions shall have effect notwithstanding any enactment or rule of law prohibiting or restricting the disclosure, or authorising the withholding, of information." There is a relevant provision but it applies to information which relates to *an individual who is identifiable from that information* or identifies an individual who has provided information about the data subject [ss 7(4) and (5)]. Even where an identifiable individual is involved, disclosure can still take place either with consent or if it is "reasonable in all the circumstances" to comply without consent. The 'reasonableness' test must take account of any obligation of confidentiality to the individual but confidentiality is certainly not conclusive. For example, if you were proposing to discipline someone on the grounds of a confidential statement about what he was alleged to have done, I don't think you can assume that it would be 'reasonable' to discipline him while keeping the statement confidential. I would think that would be very *unreasonable* in those circumstances. But if the disciplinary proceedings themselves required that the statement be disclosed to the individual then there may be more of a case for arguing that it would not be "reasonable in all the circumstances" to disclose it beforehand. Maurice Frankel Campaign for Freedom of Information ******************** E-mail confidentiality notice ******************** This message is intended for the addressee only. It is private, confidential and may be covered by legal professional privilege or other legal or attorney/client privilege. If you have received this message in error, please notify us and remove it from your system. If you require assistance, please contact our London office (telephone +44 (0) 20 7490 4000). Masons is an international law firm with offices in London, Bristol, Edinburgh, Glasgow, Leeds, Manchester, Brussels, Dublin, Hong Kong, Guangzhou and Singapore. Further information about the firm and a list of partners is available for inspection at 30 Aylesbury Street, London EC1R OER or from our Web site at www.masons.com ***********************************************************************