Does the Federal Privacy Act protect an employees access to his personnel file?
The Federal Privacy Act of 1974 regulates the collection by federal agencies of personal information (i.e., criminal history, education and health conditions) about their employees. The statute was intended to protect the privacy of federal employees identified in the federal information system. Though not an employment law, it may affect federal employees’ rights regarding the access to their own personnel file. A common misconception is that the Federal Privacy Act applies to private employers. The Federal Privacy Act only applies to those private employers that have a government contract to maintain an agency’s record system. This does not mean that private employers are off the hook when it comes to an employee’s right to view his or her personnel file. Many states have enacted laws giving employees of private employers the right to view their personnel files; see the information in the previous answer.
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