Utah Personnel File Access Log
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How to fill out Personnel File Access Log?
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FAQ
Section 34-28-10 of the Utah Code outlines the specific rights of employees regarding access to their personnel files. This section mandates that employers must allow employees to review and copy their files within a designated time frame. Understanding this law is crucial for both employers and employees when managing a Utah Personnel File Access Log effectively.
Records must be maintained for a minimum of 6 months from the date the record was made or the personnel action was taken, whichever is later. Once a discrimination charge or complaint has been filed, all relevant records must be retained until final disposition (UT Code Sec. 34A-5-101 et seq.; UT Admin. Code R606-6-2).
Under the UK General Data Protection Regulation (retained from EU Regulation 2016/679 EU) (UK GDPR), individuals are entitled to submit a request for access to any personal data that the employer holds about them, ie any information from which they can be identified, directly or indirectly.
Company Name employee files are maintained by the human resource (HR) department and are considered confidential. Managers and supervisors, other than the HR director and his or her subordinates, may only have access to personnel file information on a need-to-know basis.
Personal employee information will be considered confidential and as such will be shared only as required and with those who have a need to have access to such information. All hard copy records will be maintained in locked, secure areas with access limited to those who have a need for such access.
How long should I keep employee personnel files? You should keep an employee's personnel files for six years after the employee has left your organisation. The reason for this is that up until six years has passed, the former employee may sue you for breach of contract in the county court.
As a suggestion, you may want to set up a company policy that the only people that are allowed to access an employee's personnel record are the human resources manager, the employee's supervisor or manager, and the employee himself.
If the company inquires further about salary, HR can give out that information as well, but it has the right to ask for express consent from the applicant. You do not have to give out any information whatsoever, including employment verification data and salary information.
An employee's personnel file usually contains information related to their performance, salary, and any investigations of misconduct or medical issues. As a result, these records are generally considered private and can be accessed by only the employer and the employee.
As an employee, do I have a right to see my personnel files? The short answer is 'yes'. You have a right to make a SAR to your employer, asking to see your personnel files, at any time. Your employer has the right to ask why you want to see your files, but must then provide all your records to you.
