Mississippi Confidential Files
Posted by Tamara
Employees in Mississippi wonder exactly what is involved in their state’s “two -lock system” for keeping medical information confidential.
The term two-lock system is often used to mean keeping data secure from unauthorized use within and without the company. Several federal laws, including the ADA (Americans with Disabilities Act of 1990) and HIPAA (Health Insurance Portability and Accountability Act) require the all medical information be kept separate from the employee’s personnel file. Court decisions have ruled that background, age, race, age, medical condition and disability status should be kept confidential as well.
Mississippi law and federal laws do not detail exactly how this information should be kept confidential, so companies must take all measures possible to protect this information. The data must be kept under lock and key, away from public perusal, and away from anyone who doesn’t have a legal right to view the information. Even access by managers and supervisors should be limited to a “need to know” basis.
Depending on the set up of the company and the physical layout of the rooms, a locked cabinet in a storage room could provide sufficient security. A two-lock system, such as that used in Mississippi, could provide greater security by placing files in a locked cabinet and placing that cabinet in a locked storage room.
Placing files in an unlocked cabinet in a locked office would not keep the employee personal data confidential. Anyone who has access to the office would also have access to the files, including visitors. This scenario would in fact increase the risk of inadvertently using confidential information to discriminate against an employee. This type of discrimination would violate Title VII of the Civil Rights Act of 1974.
Several businesses have increased security by mandating that confidential files should never be left out on a desk, even in a locked room. Unless the files are actively being used, they should remain in the locked cabinet.
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