When carrying out reference checks, would you only seek a reference from the person named on the job applicant’s CV or can you accept a reference from another person within the same organisation without the applicant's knowledge?

Employers should not seek a reference from any person, without first receiving the consent of the prospective employee.  Obtaining references involves the processing of applicants' personal data for the purposes of Data Protection Acts 1988 – 2003.  The Data Protection Commissioner has stated that the key to complying with this legislation is for employers to maintain transparency when undertaking background checks on employees.  Employees must be informed as soon as possible as regards checks that may be performed.  Previous employers should not disclose references to prospective employers without first obtaining the prospective employees permission to do so