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California law mandates that employers establish appropriate procedures to ensure all employee medical records and information will remain confidential and will be protected from unauthorized use and disclosure.
One appropriate procedure for ensuring confidentiality is to establish a second file for each employee for information protected by privacy laws. This confidential file may contain medical records and any other sensitive information, such as private financial records.
In addition, I-9s should not be kept in the employee’s personnel file, for they can contain private information and information regarding race and national origin, which are protected categories. It is permissible, however, to keep all I-9s together in a separate, safe and secure location, instead of having a separate file for each employee.
You can find more information in the Personnel Records section in the HR Library.