Employee Access To Personnel File: No Reason To Refuse Access In Belgium

The Belgian Data Protection Authority has ruled that the presence of third parties' personal data is not a reason to refuse and employee access to his or her personnel file.

The Belgian Data Protection Authority (DPA) recently treated a complaint submitted by a worker against her employer for failure to comply with her request to access her personnel file. The DPA stressed that the employer must erase or anonymise the personal data of third parties in advance, but that the presence of third parties' personal data cannot be an excuse for the failure to comply with the request for accessin time.

The right of access and to obtain a copy

According to the GDPR, workers have the right to access and to obtain a copy of personal data processed about them. In the event of a dismissal or a missed promotion, workers sometimes ask for access to their personnel file.