References are exempt from subject access requests (see question 14) if such requests are made to the person or organisation which gave the reference, but if a request is made to the recipient of the reference, the reference must generally be disclosed. The circumstances in which the reference was given - if, for example, a duty of confidentiality was imposed on the recipient - can have an impact on whether the reference is disclosable, so it is always advisable to seek legal advice in these circumstances.
