Responding correctly to requests for information from employees

Employees or solicitors may request all personal data relating to the employee from the employer, such as the personnel file. This is often done in order to prepare for possible legal action.

Under the Data Protection Act, every employee has the right to view their stored data. Whereas employers used to pass on such information without any fuss, they now check much more carefully whether a request is legally permissible and reject requests more frequently as a result.

The employer may refuse to provide the information if:

1. Inappropriateness: The request does not serve the purpose of data protection, but rather, for example, a ‘fishing expedition’, i.e. the search for evidence for legal action. Example: The employee only wants to check whether he could win a lawsuit.
2. Legal restrictions: g. in the case of professional secrecy of doctors or solicitors.
3. Interests of third parties: If the data concerns other persons.
4. Querulous request: If the request is obviously only intended to cause trouble.

If the employer refuses to provide the information, they must inform the employee within 30 days of the reasons for doing so. If the employee does not agree with this, they can take legal action, but only after a conciliation procedure.

Important information for employers:

• Providing false or incomplete information may be punishable by law.
• If in doubt, do not provide any information: the DSG only penalises false or incomplete information, not complete refusal to provide information.
• Do not issue a declaration of completeness: the employee may request this, but the employer is not obliged to provide it, as this is not required by law.