Personal File.

mossie11 · 27-02-2022 7:31am #1

Can I ask my Employer for a copy of all Data they hold on me. i.e. Personal files, Disciplinary issues, Annual Reviews etc. And can they refuse to hand this information over to me.

Aarnikotka · 27-02-2022 8:28am

double post

Aarnikotka · 27-02-2022 8:31am

Yes you can, see GDPR art 15

Can they refuse? Yes (art 12(5) and art 23), but the circumstances are limited.

The DPC has some guidance notes:

https://www.dataprotection.ie/sites/default/files/uploads/2019-10/FAQ%20Guide%20to%20Data%20Subject%20Access%20Requests_Oct19.pdf

27-02-2022 9:00am

https://www.boards.ie/discussion/2058234982/personal-file

Out of curiousity, What do you think they hold on you?

If you had any annual reviews or disciplinary issues you likely would have signed paperwork at the time. Its likely on record but why would you want it?

mossie11 · 27-02-2022 10:01pm

https://www.boards.ie/discussion/comment/118701191#Comment_118701191

I am going through a rocky patch at the moment and I am thinking of taking a case to the WRC

Stanford · 27-02-2022 10:24pm

Yes you are entitled to see a copy of your Personal file and it should contain any written warnings that you may have received for disciplinary issues, the only caveat is that you are not entitled to see anything which might prejudice the rights of others.

Why you wish to see it is irrelevant. Requests should be in writing.

Jim2007 · 28-02-2022 9:38am

https://www.boards.ie/discussion/comment/118705448#Comment_118705448

You are entitled to receive a copy of what IS on file. Whether it will contain any particular document is subject to the description of the employer as to whether they needed to retain a file copy or not.

Jim2007 · 28-02-2022 9:45am

https://www.boards.ie/discussion/comment/118705288#Comment_118705288

In such circumstances it would be advisable to consult a solicitor BEFORE making such a request. The purpose of GDPR is to enable you to know what information if on file about you and to have it corrected if that is appropriate. It is not there for you to go on a fishing trip and depending on the information you expect to be there, it might in need to have been obtained under discovery in order for it to be admissible in court.

Personal File.

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