Personnel File Privacy

DEFINITION:

“Personnel file” means any employment -related or personal information gathered by an employer. See G.S. 126-22

1. Employment-related information contained in a personnel file includes information related to an individual's application, selection, promotion, demotion, transfer, leave, salary, contract for employment, benefits, suspension, performance evaluation, disciplinary actions and termination.

2. Personal information includes an individual's home address, social security number, medical history, personal financial data, marital status, dependents, and beneficiaries.

Information can be a part of the legal "personnel file" even if it is not included in the supervisor’s file folder labeled "personnel file." It’s the content of the information, not the form or location, that matters.

CONFIDENTIALITY:

Under North Carolina statute G. S. 126-22 , personnel file information is confidential, not public record .

However, G.S. 126-23 does allow some employee information to remain open to the public:

1. name

2. age

3. date of original employment or appointment to State service

4. terms of any employment contract by which the employee is employed whether written or oral, past and current, to the extent that the employing agency has the written contract or a record of the oral contract in its possession

5. current position

6. title

7. current salary ( "salary" for purposes of personnel file information available to the public includes pay, benefits, incentives, bonuses, and deferred and all other forms of compensation paid by the employing entity)

8. date and amount of the most recent increase or decrease in salary

9. date of most recent promotion, demotion, transfer, suspension, separation, or other change in position classification , and

10. the office or station to which the employee is currently assigned.

Note 1: the foregoing information is public only with respect to employees -- not applicants. The names of persons who are applying for a position remain confidential.

Note 2: by interpretation, external activity for pay (outside consulting) forms are public record. Conflict of interest forms are confidential.

Note 3: Letters from external reviewers solicited for promotion and tenure review are part of the employee's personnel file and may be viewed by the employee. Pre-employment letters of reference, i.e., those solicited prior to employment, are not available to the employee.

Note 4: certain individuals may examine the entire personnel file. The following people, by statute ( G. S. 126-24 ), may look into an employee's file:

1. The employee himself/herself (except that the employee may not look at pre-employment letters of reference or certain medical information); or the employee's properly authorized agent.

2. The employee's supervisors

3. Members of the General Assembly under certain circumstances

4. Anyone with a court order that allows them access to the files

5. An official of the state or federal government as long as (1) the employee's supervisor decides to allow access, and (2) the official's purpose is not to assist a criminal prosecution of tax investigation.

PROTECTING NAMES IN CERTAIN SITUATIONS

In a 1991 case, the North Carolina Court of Appeals said that U.N.C.- Chapel Hill did not have to release the names of researchers who were conducting animal testing. Although the research information was found to be a public record, the names of the researchers did not have to be given out. Thus, in limited circumstances where there could be a threat to employees, including a threat of harassment, North Carolina courts may allow the University to keep the names of employees confidential.

CORRECTING AN EMPLOYEE'S FILE

An employee, former employee, or applicant has the right to seek removal of information in his personnel file that he believes to be inaccurate or misleading. G.S. 126-25 . If the information is not removed, the employee may file a grievance under the applicable University grievance procedure, asking for removal. The employee may also place a statement in his file regarding the material he believes to be inaccurate or misleading.

VIOLATING THE CONFIDENTIALITY OF PERSONNEL FILES

Any agency official who wrongly divulges information from an employee's file or one who examines information in that file without authority is guilty of a criminal misdemeanor. G. S. 126-27 and 126-28 .

VIOLATIONS FOR SUBMITTING FALSE INFORMATION

Any employee who gives false or misleading information either on an application or otherwise concerning their employment may be disciplined by the agency, up to and including losing their job. In cases where an employee gives false information as to the job qualifications they possess, that employee should automatically be dismissed. G. S. 126-30(a) .