The exemption for an employer relating to a confidential reference given, or to be given, for those purposes (education, training or employment, appointment to office or provision of any service) is provided for in the Miscellaneous Exemptions contained in Schedule 7 of the Act.
Laurence
Laurence W. Bebbington
Law Librarian
The University of Nottingham
>>> Gerry Dane <[log in to unmask]> 09/10/03 16:03:55 >>>
Dear all,
I know this is an old one but nevertheless:
In the JISC Data Protection Code of Practice for the HE and FE Sectors
(Version 2)
"11.1 References given by HE and FE institutions
Confidential references given by HE and FE institutions, including,
references written by written by employees in their formal capacity, or
as part of a standard procedure, (for example, as Head of Department, as
part of a promotions exercise) are exempted from subject access requests
where those references relate to:
* education, training or employment of the data subject
* appointment of the data subject to any office
* provision by the data subject of any service.
HE and FE institutions have the absolute discretion to refuse to release
confidential references written on their behalf if requested to do so
in, or as part of, a subject access request."
I reckon this goes wholly against the spirit of the Act. Can anyone tell
me on what sections of the Act such advice could be based?
The advice I want to give in this area is at complete variance with the
above - with a single caveat. i.e. Unless disclosure infringes the
rights of other data subjects.
Any view welcome.
Gerry.
Mr.G.Dane
University of Newcastle
Tel: 0191 222 5908
Email: [log in to unmask]
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