Under the Data Protection Act individuals are not entitled to access a confidential employment reference written about them; either from the author of the reference i.e. the ex-employer, or from the recipient of the reference i.e. the new or prospective employer.
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This exemption to the right to access personal information could be in breach of Article 8 of the European Convention of Human Rights in respect of an individual’s right to a private life, as it is questionable whether the exemption which permits the reference to be withheld is proportionate to the individual’s right to fairness and transparency regarding their personal data.