If this is the case then the reference needs to be marked as ' Strictly confidential'. It is conceivable that there may be circumstances where the author of a reference does not wish the subject of the reference to see what they have written. However, under the Data Protection Act 2018 individuals have no right of access to confidential references written about them. It reduces the risk of litigation against the referee and the University by the person about whom the reference is written, and fulfils the expectation of transparency enshrined in data protection legislation. Members of staff should always consider writing open references, which are shown to the individual about whom they are written before they are sent. Confidentiality of references and the Data Protection Act
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