P&R to seek legislative change following ODPA order on job references

On 12 April the Data Protection Authority made a statement confirming that it had ordered Policy & Resources Committee (‘P&R’) to allow a jobseeker access to an employment reference that it had been withholding.

In response to this P&R announced that they intend to amend the data protection law so that, in future, the confidential reference exemption would also apply to the hiring organisation and not just the person providing the reference – meaning every reference whether given or received would be exempt from the right of access by the individual of which, the reference is about.

The Bailiwick’s Data Protection Commissioner, Brent Homan commented: 

“We appreciate and respect the States wish to explore amendments to the law. Our responsibility is to independently enforce the law that is before us. P&R were found to have breached the law by withholding information the jobseeker was entitled to. Data protection law exists to safeguard people’s rights over information about them. We hope that any future amendments preserve a balance that allows people to validate whether accurate information about them is shared with prospective employers. This is important as it avoid risks associated with decisions made based on inaccurate information.”