P&R urged to halt efforts to change data laws

A family at the centre of a row with Guernsey's top political committee have urged them to stop work to alter data protection laws.

In 2024, Policy and Resources (P&R) said it would look to tighten up the rules around references after Office for the Data Protection Authority (ODPA) ordered it to release a reference relating to a local teacher from the family.

Speaking to the BBC, the family - who wished to remain anonymous - raised concerns with the review as they had fears it could lead to cover ups.

States' officials said work was continuing to change the law and it was a "complex issue" as it tried to balance the rights of the data subject with employer's needs.

The incident with the reference started when the teacher applied for a job with the States and was rebuffed.

It led her to submit a subject access request - a way of forcing an organisation for a copy of how data on that person is being used.

P&R, which acts as the employer for the States of Guernsey, sent some of her data but did not release a reference.

The family then contacted the ODPA in an effort to compel P&R to release the reference.

ODPA ordered P&R to release the reference, which the family of the Guernsey-born teacher alleged was a work of "malicious fiction" which would "destroy her reputation".

The family said the saga had been "upsetting" and seriously damaged their faith in the island's government.

"P&R used Guernsey's law officers at taxpayers expense to write threatening letters and to try to defend its indefensible actions and omissions, and P&R refused to apologise to the young teacher or pay compensation for having acted illegally," the family said in a statement to the BBC.

They added they wanted to highlight this work was continuing in an effort to get P&R to stop, going on to accuse the committee of "imbedding in law the opportunity for cover up".

The family said they were concerned other peoples references may have been withheld.

"How many other people in Guernsey in the past few years have been denied sight of a career ending reference?," they said.

"We fought and won and saw the reference and then knew that a terrible injustice had been perpetrated, but how many people would not have had the financial or emotional resources or strength to fight like we did for 20 months?"

Callie Loveridge, the States's director of information policy and governance, said the government's position remained the same as in 2024.

She said: "It's worth me noting that we had a general election in June 2025 and the new P&R has not considered this issue, which is the subject of ongoing officer-led work.

"Since the findings of the ODPA were published, the States of Guernsey has continued to discuss this issue with the ODPA and our legal advisors.

"Work continues to review whether any changes to our data protection legislation are required to add clarity around the confidentiality of references for job applicants."

ODPA commissioner Brent Homan said he was unsure whether work by P&R on changing the law was continuing.

He said he had not heard from the States on this subject for a number of months.

Homan said he was pleased the States complied with the ODPA's order to release the reference and added this kind of work was always complex, balancing the rights and needs of all parties.

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