I think it comes down to common sense - something that the act does not
exhibit here.
If you are going to say something in a reference that can be
substantiated, go ahead and say it. If it cannot be substantiated, do
not say it at all. Under those circumstances it doesn't matter whether
you, as issuer of the reference, withhold or not (nor has it ever
mattered, because the person can obtain the reference from the
recipient). If there is a real and present danger to the issuer from
the individual, do not offer any form of reference.
I worked at one time for an organisation whose sole reference for all
employees is simply to confirm dates, job title and pay. There was no
comment on whether they left under a cloud or their leaving was regretted.
Bailey, Trish wrote:
>
> Sorry I have confused the hell out of all of you now. The DPA
> exemption I referred to only applies to the Data Controller providing
> the reference and not the recipient organisation. Therefore, as a
> recipient organisation and ICO recommendations what have others done,
> have you released or withheld and if you have withheld under what in
> the DPA did you withhold under?
>
>
>
> Sorry for not making myself clear the first time around.
>
>
>
> Many thanks
>
> Regards
>
> */trish/*
>
> Trish Bailey
>
--
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