Q & A Session – Disciplinary Records and Privacy Act Violation


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.


Is it a violation of the Privacy Act if an employer discloses information regarding an employee’s disciplinary file, especially if it false?


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.

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