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Originally Posted by shahedz I was always under the impression it didn't apply to references for some reason  |
The Data Protection Act affords employment references certain exceptions
A referee does not have to provide a reference that they have written. This is an exemption under the Act. Obviously they can choose to provide the reference anyway if they wish
You may be able to obtain a reference from a third party (that is the recipient) under certain circumstances, for example someone who turned you down in a job interview
If a reference is not confidential or a referee gives express permission, then a recipient can provide the reference to you. They may nevertheless need to remove personal data of the referee from the reference as the referee cannot be revealed without permission
If a reference was intended to be confidential then the recipient will need to consider whether it is reasonable to nevertheless disclose the reference, and whether the facts and/or opinions are in fact confidential. A recipient will also need to take steps to conceal the identity of the referee. If a recipient does not believe they can conceal the identity of the referee then disclosure can still be refused
And yes, it does not matter even if you have a fair idea of who wrote the reference