Q: I was of the understanding that under the privacy provisions, a candidate has a right to see information held about them in a referee report, but if that candidate becomes an employee, those referee reports become part of the employee’s HR record and are exempt from the privacy provisions. Is this correct?

A: A prospective employee does not have a right to access a confidential reference that their ex-employer gives about them.

Please note: The answer is correct at the time of publishing. Be aware that laws may change over time. Refer to Confidential information for current advice.