Report: Patriots could have interest in making Aaron Glenn their defensive coordinator

Doesn't the team have right of refusal? I seem to recall the Saints wanted someone from the 49rs one season and they refused to let him be interviewed.

Yes they can technically. Usually teams deny request if it is a lateral move for the same job. But if it is a promotion from their current one, teams usually grant it because it is a better opportunity. It is unethical and probably frown upon if teams don't allow it.