given by an individual other than in the ordinary course of his occupation; and

relevant to another individual's suitability or otherwise to fill any position of employment or office which is presently, or may become, unfilled, are exempt from the provisions of data protection principle 6 and section 18(1)(b)-

1. in any case, unless the individual referred to in paragraph (a) has informed the data user in writing that he has no objection to the reference being seen by the individual referred to in paragraph (b) (or words to the like effect); or
2. in the case of a reference given on or after the day on which this section comes into operation, until the individual referred to in paragraph (b) has been informed in writing that he has been accepted or rejected to fill that position or office (or words to the like effect), whichever first occurs.