Back Access to Personnel Files in South Carolina

Q: Do I have a right to access my personnel file in South Carolina?

A:  Sheryl Sisk Schelin responds:

If you are a public employee in South Carolina - i.e., an employee of a state or local unit of government, including state agencies - you have a right to access your personnel file as a public record under the South Carolina Freedom of Information Act, sections 30-4-10 et seq. You are liable to pay the actual costs of reproducing the file, but the governing body may waive that fee when in the public interest.

For employees of private employers (the vast majority of workers), there is no explicitly-granted right to view or copy your personnel file. However, that doesn’t mean you can’t (or shouldn’t) ask! Put your request in writing, directed to the appropriate official (usually the Human Resources employee who is in charge of maintaining the files), and offer to pay for the costs of copying. You may also want to point out that section 41-1-65 of the SC Code of Laws grants immunity to an employer who discloses information on former or current employees in many situations:

(C) Unless otherwise provided by law, an employer who responds in writing to a written request concerning a current employee or former employee from a prospective employer of that employee shall be immune from civil liability for disclosure of the following information to which an employee or former employee may have access:

(1) written employee evaluations;

(2) official personnel notices that formally record the reasons for separation;

(3) whether the employee was voluntarily or involuntarily released from service and the reason for the separation; and

(4) information about job performance.

(D) This protection and immunity shall not apply where an employer knowingly or recklessly releases or discloses false information.

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