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Access to Personnel Files
The Court of Appeal’s decision in Durant -v- FSA has restricted information accessible under a Data Protection request.
The key points are:-
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The Traditional Personnel File |
For paper records such as the traditional personnel file, access is limited to information where the employee is the main subject and the papers are structured in such a way that the employer would easily be able to locate information which focuses on the employee without having to sort through the file. |
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Personnel File Is Labelled |
| Therefore the fact that a personnel file is labelled with the employee’s name or a document names an employee does not automatically mean that the employee has the right to a copy of the file or document. Employers should not adopt a blanket policy of refusing access to personnel files. Even where the filing system is “unstructured” a blanket refusal is likely to undermine good employee relations and could result in a breakdown of the working relationship. |
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Practical Tip
To ensure good employee relations, employers should move towards a culture of transparency in relation to information held on personnel files. Therefore it is important that only relevant information and documentation is retained on these files and for a proper purpose in accordance with Data Protection principles.
