Alaska Confidential Files
Posted by Tamara
Every employee has the right to expect his or her private health information to be considered private. The Americans with Disabilities Act of 1990 (ADA) mandates that a worker’s disability status be kept confidential. The Health Insurance Portability and Accountability Act also mandates that a person’s medical information remain confidential.
Information considered confidential includes the employee’s race, gender, national origin, color, religion, disability status, medical condition and other privileged data. Several court cases along with federal laws demand that this data be kept separate from employee personnel files. The separate files must also be kept under lock and key.
Only persons with a legal right to view the information, such as human resources officers and supervisors should have access. Their access, though, should be limited. The more this information is viewed, the greater the chance that someone may inadvertently will use that information against the worker. That constitutes discrimination and is illegal.
Federal law doesn’t dictate what kind of lock system should be used. Alaska law doesn’t stipulate a lock system method, either. Currently, Alaska uses the “two-lock” system. Some Alaska employees, though, are unsure exactly what is involved with a two-lock system and how it maintains confidentiality.
The two lock system maintains confidentiality by requiring two levels of access. Confidential files are placed in a locked room inside a locked container (such as a filing cabinet). Accessing the data first requires access to the locked room. After that, the person must have access to the locked cabinet. The two lock system isn’t the only option, but is commonly used.
Though the type of lock system isn’t dictated by law, employers do have certain legal obligations. Under federal law, companies must do “whatever it takes” to keep an employee’s privileged information from being seen by anyone except those with the legal right. Whether maintaining confidentiality requires a two lock or a ten lock system, the company is legally obligate to use the system that provides the most security.
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