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The GDPR states that consent must be 'freely given, specific, informed and unambiguous'. This means that the data subject must be aware that they are consenting to have their data processed and should not be forced into giving consent.
A reference is confidential between the prospective employer and the referee. You can choose to disclose it but you are not legally required to.
Yes. References should be marked "confidential" and for the attention of the addressee only.
An Authorization to Release Employee Information Form is a document that should be completed by an employee to allow their former employer to release their employment information to prospective employers.
Once the worker starts with a new employer they can ask to see a copy of a reference. They have no right to ask their previous employer.
Organisations don't always need your consent to use your personal data. They can use it without consent if they have a valid reason.
There is no legal obligation to provide a reference but any reference provided must be true and accurate. The content of a reference may need to be disclosed as part of any litigation involving the employee, regardless of whether the information contained in it might be exempt from a SAR.
Can I see the reference that my previous employer wrote? Your previous or current employer do not have to automatically show you a reference they have written about you. Once you start a job with a new employer, you can ask them for a copy of any reference they have been given from your previous employer.
Under the Data Protection Act 1998 (DPA), your employer must make sure your personal data or information is 'processed' in a fair and lawful way. Processing includes obtaining, recording, storing, sharing, deleting and otherwise using information.
Can I see the reference that my previous employer wrote? Your previous or current employer do not have to automatically show you a reference they have written about you. Once you start a job with a new employer, you can ask them for a copy of any reference they have been given from your previous employer.