State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_126 > GS_126-24

§126‑24.  Confidential information in personnel files; access to suchinformation.

All other informationcontained in a personnel file is confidential and shall not be open forinspection and examination except to the following persons:

(1)        The employee, applicantfor employment, former employee, or his properly authorized agent, who mayexamine his own personnel file in its entirety except for (i) letters ofreference solicited prior to employment, or (ii) information concerning amedical disability, mental or physical, that a prudent physician would notdivulge to a patient. An employee's medical record may be disclosed to alicensed physician designated in writing by the employee;

(2)        The supervisor ofthe employee;

(3)        Members of theGeneral Assembly who may inspect and examine personnel records under theauthority of G.S. 120‑19;

(4)        A party by authorityof a proper court order may inspect and  examine a particular confidentialportion of a State employee's personnel file; and

(5)        An official of anagency of the federal government, State government or any political subdivisionthereof. Such an official may inspect any personnel records when suchinspection is deemed by the department head of the employee whose record is tobe inspected or, in the case of an applicant for employment or a formeremployee, by the department head of the agency in which the record ismaintained as necessary and essential to the pursuance of a proper function ofsaid agency; provided, however, that such information shall not be divulged forpurposes of assisting in a criminal prosecution, nor for purposes of assistingin a tax investigation.

Notwithstanding any otherprovision of this Chapter, any department head may, in his discretion, informany person or corporation of any promotion, demotion, suspension,reinstatement, transfer, separation, dismissal, employment or nonemployment ofany applicant, employee or former employee employed by or assigned to hisdepartment or whose personnel file is maintained in his department and thereasons therefor and may allow the personnel file of such person or any portionthereof to be inspected and examined by any person or corporation when suchdepartment head shall determine that the release of such information or theinspection and examination of such file or portion thereof is essential tomaintaining the integrity of such department or to maintaining the level orquality of services provided by such department; provided that prior toreleasing such information or making such file or portion thereof available asprovided herein, such department head shall prepare a memorandum setting forththe circumstances which the department head deems to require such disclosureand the information to be disclosed. The memorandum shall be retained in thefiles of said department head and shall be a public record. (1975,c. 257, s. 1; 1977, c. 866, s. 10; 1977, 2nd Sess., c. 1207.)