I find the argument made extremely dubious. On that basis, one could refuse
all sorts of data subject access requests. "I demand to see copies of e
mails which refer to me". "Sorry, you cannot because they express
someone's opinion of you." In the Mark Thomas versus DTI case (and in many
others), the data controller had to give the data subject access even
though the contents (individuals' opinions of the data subject) were
potentially defamatory to the data subject.
People should not be writing references that they are ashamed of. If any of
my students ask me to be a referee, and I don't think much of the student,
I advise them that they would better off asking someone else to be their
referee. Also, if I do agree to be their referee, I routinely give them a
copy of what I have sent the potential employer.
Is it really so difficult for referees to tell people that they don't think
that much of them?? Why the secrecy? Or am I being incredibly naive on
this?
Professor Charles Oppenheim
Dept of Information Science
Loughborough University
Loughborough
Leics LE11 3TU
Tel 01509-223065
Fax 01509-223053
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