How to respond to requests for access to an employee's personal file from authorities or the employee?

Published on
January 18, 2024
How to respond to requests for access to an employee's personal file from authorities or the employee?

An employee or authorities may request access to an employee's personal file for control, security, or career development reasons. A company's response depends on its data storage and archiving system, which can be either physical paper files or a secure digital system, such as employee document management software. Both methods have advantages and drawbacks, and each must comply with confidentiality policies.

What does a personal file contain?

An employee’s personal file holds all administrative information and generally includes documents related to recruitment, employment conditions, job specifics, labor law, taxation, and social security, such as:

  • the employment contract
  • pay slips
  • medical certificates
  • performance evaluations
  • sick leave records
  • training certificates

Where are personal files stored?

For confidentiality reasons, personal files should be kept in a secure location with restricted access for authorized personnel. They are usually stored on company premises, ensuring easy accessibility for the human resources department and management.

Drawbacks of physical archiving

  • As documents accumulate, they require more space, necessitating new storage solutions.
  • Paper documents deteriorate over time.
  • Retrieving information can be time-consuming.
  • Files may be lost.

Digital archiving for HR documents

Many companies now opt for online storage and archiving. Employee management software centralizes all employee information on a fully secure cloud, offering:

  • Easy access for authorized personnel via access codes.
  • Consolidation of information in one location.
  • Reduced risk of data loss.
  • Quick and controlled access to archived documents.

Who can request access?

Access requests can come from:

  • Employees
  • Government authorities
  • Regulatory bodies
    Each must follow specific procedures to ensure confidentiality and respect for privacy.

Procedure for employees to request access

An employee can request access to their own file by following the company's established procedure. The HR department should clearly communicate the process and processing times. Typically, this involves submitting a written request to a designated person (e.g., the HR manager) that specifies which documents to review (such as pay slips, performance evaluations, or the employment contract). The company must then respond within the established timeframe by providing the documents electronically (via email or online access) or in paper format, always adhering to confidentiality policies.

Reasons for employees to request access

Employees may wish to review their personal file for several reasons:

  • Verifying that personal data (e.g., address or phone number) is correct.
  • Monitoring career progression through performance evaluations and recommendation letters.
  • Understanding strengths and areas for improvement.
  • Confirming that training and certifications are properly recorded.
  • Obtaining evidence in administrative disputes.
  • Preparing for interviews or salary negotiations.

Reasons for authorities to request access

Authorities might request access for various reasons, including:

  • Tax investigations to ensure compliance and accurate income declarations.
  • Legal compliance checks to confirm adherence to labor laws and safety standards.
  • Criminal investigations requiring relevant employee information.
  • Protecting employee rights in cases of discrimination or harassment.
  • National security concerns under exceptional circumstances.
  • Investigations into potentially anti-competitive or fraudulent business practices.
  • Gathering evidence for legal disputes.

How to respond to access requests

There are two main methods to provide access to an employee's personal file:

Paper document transmission

Before digital systems, employee documents were stored in paper format on company premises. Although still used by some organizations, this method has drawbacks such as document deterioration and retrieval difficulties. In these cases, the HR department may offer physical access to storage areas or provide paper copies.

Digital system access

Companies using online personnel management systems can respond to access requests by providing an access code to view the relevant documents. Cloud storage ensures immediate data access, reduces response times, and allows secure, controlled document retrieval.

Conclusion

Managing access requests for personal files is a regulated process that requires a thorough understanding of internal policies and applicable laws. Whether through physical or digital means, companies must ensure confidentiality and respect the rights of employees.