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Many issues must be considered regarding the release of employee personnel information.Generally, "personnel information," is data maintained by the employer in relation to an individual's employment in his/her personnel file.Personnel information includes, but is not limited to:
Californians enjoy the right to privacy under the state Constitution. Personal information contained in a personnel file, therefore, must be maintained and disseminated only under specified circumstances and under strict limitations, and employers have a duty to protect the confidentiality of personnel records and limit disclosure to only individuals with a legitimate right of access.
Employment laws require that under certain circumstances, however, personnel information must be released, even without employee authorization, such as upon a request from the district attorney relating to child support obligations or pursuant to other lawfully issued subpoenas.
If you are unsure whether release of personnel information is appropriate, be sure to consult legal counsel.
You can find more information in the Accessing Employee Information and Civil Action Subpoena of Records sections the HR Library.