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ARTICLE · 27 FEBRUARY 2019

Employee Privacy: Right To Access Personnel Files

One area of practical importance to employers is an employee's right to examine material contained in his or her personnel file.

CanadaEmployment and HR

One area of practical importance to employers is an employee’s right to examine material contained in his or her personnel file. Often times an employee will request a copy of his or her employee personnel file. Sometimes the request arises in the context of a workplace dispute or in a civil claim against the employer where the employee's representative makes such a demand. In most instances, an employer does not know whether to cooperate or push back. That's when the phone rings and the caller says: "Person X asked to see his/her personnel file, do I have to provide it?" In classic lawyer fashion, the answer is: it depends.

Provincial Differences

Employee privacy law is not uniform across all jurisdictions. In particular, for federally regulated employers (such as banks and airlines), the collection, use, disclosure, storage and security of personal information is governed by the Personal Information Protection and Electronic Documents Act (PIPEDA). Alberta,

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