Is a request under the Freedom of information Act confidential?

Question

When you request information concerning yourself from your employer under the Freedom of Information Act should the records officer who answers your request keep it confidential or can they cc the answer to others,eg. personnel officer or employer's solicitor? Or is it only confidential if you request stuff under the data protection act?

Answer 1

Personnel files are the property of the employer, they create them. The personnel officer has access to them as does the solicitor. They must be kept confidential, but the personnel department and the solicitor need to access the information and cannot reveal it to anyone. Somewhat like if you told your lawyer you were guilty of a crime...he cannot reveal that, its part of lawyer/client confidentiality. You are able to view them, but I don't think they can be copied, by you or them. You know everything that's in your file. Your application, other forms, medical, 401k, etc. Discipline forms that were presented to you. Any awards for service. Your attendance record, etc. There isn't anything you don't know about...your last supervisor didn't write nasty things about you...If he/she had you would have seen the document before it ever made it into your file.

Answer 2

A FOIA request is public and can be FOIA'd, but there is no rule either way about agencies copying requests to other parties or sending duplicate answers to others. So they can if they want to, but they are not forced to. Answers about yourself that would be private under the privacy act are not disclosable to others any more because you have asked than if someone else asked about you.

Answer 3

No, it becomes part of the public record. However, they cannot (legitimately) ask your reason for seeking the information.

Answer 4

Depends on what is in your employee/employer manuals policy.