Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience.
Q:
Is it a violation of the Privacy Act if an employer discloses information regarding an employee’s disciplinary file, especially if it false?
A:
The Privacy Act prohibits unauthorized disclosure of private information contained in a system of records. It also requires that records be maintained with accuracy. If you believe the employment reference check form is inaccurate and assuming it exists in a system of records (which it probably does), the Privacy Act provides a means to correct the inaccuracy.
Bill Bransford is managing partner of Shaw, Bransford & Roth, PC.
Disclaimer: Ask a Lawyer publishes information on this website for informational purposes only. Information on this website is intended – but not promised, guaranteed, or warranted – to reflect correct, complete and current developments. In addition, the contents of the website do not constitute legal advice and do not necessarily reflect the opinions of the attorney. Information from this website is not intended to be used as a substitute for specific legal advice, nor should you consider it as such. You should not act, or refrain from acting, based on information on this website without seeking specific legal advice about your particular circumstances. No attorney-client relationship between you and Ask a Lawyer’s author is created by the transmission of information to or from this site.
