Confidential references

  • Subject Access Request and Confidential References

    A Subject Access Request (SAR) is a written request from an individual, in relation to their access to information, which they are entitled to ask for under the Data Protection Act.

    There has been some debate on what must be included in an SAR:

    Recently in relation to the inclusion or exemption of confidential references. As previously, under the Data Protection Act 1998, employees had the right to access their personal information, including references from current or former employers, although employers did have the right to refuse disclose of this information to the employee. In this instance, an employee could overrule the employer’s decision by applying to the recipient employer regarding their reference, whereby the employer could not decline disclosure.

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