Under the Data Protection Act, individuals have the right to request a copy of information held about them. However, there are a few exemptions that apply to this 'right of access', and this includes access to ‘confidential references’.
The exemption applies to both references the University gives and references the University receives, for the following purposes:
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education, training or employment (or prospective education, training or education) of the data subject
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appointment (or prospective appointment) of the data subject to any office
- placement (or prospective placement) of the data subject as a volunteer
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provision by the data subject of any service
This means that staff and students, or prospective staff or students, cannot request that the University disclose the contents of a reference it has provided or received about them by citing the Data Protection Act.
Please note that whilst there is no obligation to so, there is nothing to prevent staff from providing individuals with a copy of a reference they have written about them. Where a reference is wholly or largely based on information the individual is already aware of, e.g. details of absence or of an appraisal of their work or ability, it might be considered reasonable to provide them with a copy.
Internal references
References internal to the university are treated the same as those received from an external source, and are therefore subject to the same exemption from disclosure.