I am not convinced, outside perhaps of some special situations, that anyone has a legitimate interest in seeking or giving a reference for which the subject has not given informed consent.
Many subjects will ask / tell their referees that they are using them but even that may not be fully informed consent - see next.
In general I think it is incumbent on the person seeking the reference to show the referee he has informed consent. That places a clear burden on the person seeking to be very clear to the subject what they will be asking.
Just saying "Please provide details of two people that you consent to us approaching for a reference is inadequate. Any reliance on that is unfair processing. Will you just ask for dates and degree / employment status. Will you ask for sickness summary? Will you ask for an opinion on suitability / ability / character reference. This should be made clear and transparent. If you do so you have informed consent which you can communicate.
I do not believe a general statement at enrollment which may have been several years prior and which may have been forgotten can be regarded as fair and transparent
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