Personal data held by a data user which consist of
a personal reference-
(a)
given by an individual other than in the ordinary
course of his occupation; and
(b)
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)-
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
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.
