Susan We ask for details of the Absence Record too and have not been refused. We would go back to employee to ask for consent. It is when you balance up the pre-employment medical declaration and the absence record from the employer that we may find anomalies. In this event, we would ask the prospective employee to look at his/her medical declaration again and ask if they had missed anything. Regards, Doreen -----Original Message----- From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Susan Ferguson Sent: 12 January 2006 14:23 To: [log in to unmask] Subject: Employee sickness records I have received the following query "I've requested a reference for a prospective employee. The employer is the HM Revenue and Customs. In the reply they confirmed employment dates and status but in response to our request for information regarding sickness absences, it was stated "the Data Protection Act of 1998 prevents me from releasing details of the officer's attendance record without their written permission". Has anyone else had this problem? Surely it is perfectly acceptable under DPA for us to request the sickness records from their previous employer? We could of course seek the permission from the prospective employee but are there any other ideas? Regards Susan Ferguson Records Management Team Leader South Tyneside Council, Westoe Road South Shields, Tyne and Wear NE33 2RL Tel 0191-424 6539 Fax 0191-424 7002 [log in to unmask] http://www.southtyneside.info ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ All archives of messages are stored permanently and are available to the world wide web community at large at http://www.jiscmail.ac.uk/lists/data-protection.html If you wish to leave this list please send the command leave data-protection to [log in to unmask] All user commands can be found at : - http://www.jiscmail.ac.uk/help/commandref.htm Any queries about sending or receiving message please send to the list owner [log in to unmask] (all commands go to [log in to unmask] not the list please) ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ PLEASE NOTE: THE ABOVE MESSAGE WAS RECEIVED FROM THE INTERNET. On entering the GSi, this email was scanned for viruses by the Government Secure Intranet (GSi) virus scanning service supplied exclusively by Cable & Wireless in partnership with MessageLabs. Please see http://www.gsi.gov.uk/main/notices/information/gsi-003-2002.pdf for further details. In case of problems, please call your organisational IT helpdesk ******************************************************************** * This email is privileged, confidential and subject to copyright. * * Any unauthorised use or disclosure of its content is prohibited. * * The views expressed in this communication may not necessarily * * be the views held by Scottish Borders Council. * * Please be aware that any email sent or received by the Council * * may require to be disclosed by the Council under the provisions * * of the Freedom of Information (Scotland) Act 2002. * ******************************************************************** ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ All archives of messages are stored permanently and are available to the world wide web community at large at http://www.jiscmail.ac.uk/lists/data-protection.html If you wish to leave this list please send the command leave data-protection to [log in to unmask] All user commands can be found at : - http://www.jiscmail.ac.uk/help/commandref.htm Any queries about sending or receiving message please send to the list owner [log in to unmask] (all commands go to [log in to unmask] not the list please) ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^