Charles,
I have seen this clause used before. The advantage might be that it
would save the DP Officer from having to write to the referee for
consent should there be an SAR, but I agree that this is misleading the
reference writer regarding what might happen to the reference.
Rebecca
On Thu, 6 Dec 2001 16:07:50 +0000 Charles Oppenheim
<[log in to unmask]> wrote:
> I've just received a request for a reference for an ex-student, which
> includes the following statement:
>
> "You are asked to indicate whether you agree or do not agree to this
> reference being released to the person in respect of whom the reference is
> written if that person seeks disclosure. If you do not complete this
> declaration it will be assumed that you would not agree to the release of
> your reference....."
>
> Surely it makes no difference at all if someone were to sign such a
> declaration or not? The data subject is entitled to inspect the reference
> so long as no other personal information is disclosed.
>
> If my understanding is correct, then the would-be employer is not merely
> misunderstanding the law, but is also misleading the reference writer
> regarding what might happen to THE reference.
>
> Grateful for any views on this.
>
> Professor Charles Oppenheim
> Dept of Information Science
> Loughborough University
> Loughborough
> Leics LE11 3TU
>
> Tel 01509-223065
> Fax 01509-223053
>
> ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
> 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 : -
> www.jiscmail.ac.uk/user-manual/summary-user-commands.htm
> all commands go to [log in to unmask] not the list please!
> ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
-------------------
Rebecca Hughes
Administrative Officer (Data protection)
[log in to unmask]
* This e-mail message was sent with Execmail V5.1 *
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
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 : -
www.jiscmail.ac.uk/user-manual/summary-user-commands.htm
all commands go to [log in to unmask] not the list please!
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
|