Thank you to Peter for providing that for me. Now I have another
question for the list - the DPA clearly provides an exemption for the
supply of references to a data subject. However, the ICO recommendation
is as follows:-
In most circumstances, you should provide the information in a
reference, or at
least a substantial part of it, to the person it is about if they ask
for it. Even if the
referee refuses consent, this will not necessarily justify withholding
the
information, particularly where this has had a significant impact on the
individual, such as preventing them from taking up a provisional job
offer.
However, there may be circumstances where it would not be appropriate
for you
to release a reference, such as where there is a realistic threat of
violence or
intimidation by the individual towards the referee.
You should consider whether it is possible to conceal the identity of
the referee,
although often an individual will have a good idea who has written the
reference.
If it is not reasonable in all of the circumstances to provide the
information
without the referee's consent, you should consider whether you can
respond
helpfully anyway (for example, by providing a summary of the content of
the
reference). This may protect the identity of the referee, while
providing the
individual with an overview of what the reference says about them.
Is there a general consensus out there of withholding under the DPA
exemption or disclosing in accordance with the ICO recommendation?
Many thanks
Regards
trish
Trish Bailey
Information Governance
Telford & Wrekin Council
2a Darby House, Lawn Central
Telford, TF3 4LB
www.telford.gov.uk <http://www.telford.gov.uk>
em: [log in to unmask] <mailto:[log in to unmask]>
tel: 01952 382535
From: Dinsdale, Peter [mailto:[log in to unmask]]
Sent: 04 November 2008 09:22
To: Bailey, Trish
Subject: RE: [data-protection] Employment References
Hi Trish,
Schedule 7 paragraph 1 covers confidential references given by the data
controller.
Regards,
Peter Dinsdale
FOI & Data Protection Officer
0191 277 7038 ext 27038
________________________________
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Bailey, Trish
Sent: 04 November 2008 09:19
To: [log in to unmask]
Subject: [data-protection] Employment References
Hi
I know, because I have seen it, that this is specifically mentioned in
the DPA but I cannot for the life of me find it - always the way when
you need the information immediately.
I would be really grateful if anyone out there has this to their
fingertips and can point me to where it is in the Act.
Many thanks
Regards
trish
Trish Bailey Msc
Information Governance
Telford & Wrekin Council
2a Darby House, Lawn Central
Telford, TF3 4LB
www.telford.gov.uk
em: [log in to unmask]
tel: 01952 382535
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