Privacy Issues in the Community College Workplace

4. C ONTROLLING I NTERNAL A CCESS TO P ERSONNEL F ILES Employers have a duty to see that information contained in an employee’s personnel file or supervisor’s desk folder is not disclosed to others in the agency in ways that are unfair to the employee. For example:

 Personnel and payroll records should only be available internally to authorized users on a need-to-know basis.  Security records or records relating to security investigations should be maintained apart from other records, but access need not be given to the employees unless the information is incorporated into their personnel files or is used for discipline, termination, promotion or evaluation.  Medical records used for work restrictions and life and health insurance records should be kept confidential. These records should not be made available for use in any employment decision.  Records of work-related insurance compensation, disability, sick pay should be available internally only to authorized recipients on a need-to-know basis.

B. T HIRD P ARTY A CCESS TO P ERSONNEL A CTIONS , R ECORDS , AND F ILES

1. B ROWN A CT The Ralph M. Brown Act (Brown Act), Government Code section 54950 et seq ., (significantly amended in 1994 – see the Liebert Cassidy Whitmore workbook on “The Brown Act” for current law) requires public agency governing boards and commissions to meet in public to take official action, unless an exception exists. One such exception exists in Government Code section 54957. This section allows public agencies, including community college districts, to meet in closed session to consider the appointment, employment, evaluation of performance, or dismissal of a public employee. The Brown Act also provides that any employment action taken in closed session must be publicly reported at the public meeting during which the closed session takes place or at the next public meeting, 299 though there are some technical exceptions to this provision. With regard to privacy rights of those attending meetings, Section 54953.3 provides that a public agency cannot force a speaker participating in a public meeting to state his or her name and address for the record. Agencies may only ask participants to volunteer that information. Additionally, agencies cannot compel speakers at public meetings to provide “personally identifiable information.”

Privacy Issues in the Community College Workplace ©2021 (c) Liebert Cassidy Whitmore 97