Privacy Issues in the Workplace

sign, that fact shall be noted on that document. The firefighter must then sign or initial the document. 308 Government Code section 3256.5 provides firefighters with the right to respond to adverse comments in their personnel files and correct or delete materials mistakenly or unlawfully placed in their file. California Courts have also recognized the right of privacy in third parties who prepare ratings, reports, and records that is contained in Article I, Section 1 of the California Constitution. 309 This Constitutional right of privacy in third parties also extends to public safety officer personnel file inspections. Their inspection rights do not apply to unfavorable comments recorded by interviewers in connection with a promotional examination. 310

Board of Trustees v. Superior Court 311 An employee sought discovery of the entire contents of his own personnel file. The University refused to produce written references and statements made by third parties under a guarantee of confidentiality. The Court of Appeal held that the University should make appropriate deletions and produce all documents which could be produced without divulging the identity of the third parties who had been guaranteed confidentiality. Brutsch v. City of Los Angeles 312 The Court of Appeal refused to permit police officers access to interviewers’ rating sheets which contained the interviewers’ comments recorded during the oral interview portion of a promotional examination. The Court recognized the City’s legitimate interest in protecting the privacy of the interviewers whom had been assured that their comments would be confidential and rejected plaintiff’s suggestion that the City redact the names of the interviewers from the rating sheets to allow disclosure. The Court held that plaintiff’s proposed solution was inadequate for three reasons: (1) since the comments are in the interviewers’ own handwriting, plaintiffs may recognize the writing; (2) the possibility that the wording of some of the comments would in and of itself provide a clue to the drafter’s identity; and lastly, (3) some interviewers made their comments on the examination forms themselves presumably in reliance on the promised confidentiality. 313

Furthermore, the California Supreme Court has held that Government Code section 3303, subdivision (f), of the Public Safety Officers Procedural Bill of Rights Act does not grant a peace officer, subject to an internal affairs investigation, a right to investigative reports and complaints prior to being interrogated. 314

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