Sorry for not making myself
clear the first time around.
Many thanks
Regards
trish
Trish Bailey
Information Governance
Telford & Wrekin Council
2a Darby House, Lawn Central
Telford, TF3 4LB
tel: 01952 382535
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 09:28
To: [log in to unmask]
Subject: Employment References - Do or Dont
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
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
tel:
01952 382535
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