Access and Correction by Employee

General Right of Access

Section 30 of LAFOIP provides that an individual whose personal information is has been collected by the board of education (board) has a right to access the record. This right of access applies to any record relating to the employee, including all files kept on the employee, whether by the principal, the supervisor, or at central office.

This access can be given informally without the need for a formal application under LAFOIP. A record should be made of the request and of any copies of documents shared with the employee.

Limitations to Access

There are certain provisions found of LAFOIP that may limit access by the employee to particular records within the employee’s file.

These exceptions may include confidential documents provided by third parties. LAFOIP section 23(1)(h) provides that views and opinions expressed about an individual are the personal information of the person about whom the opinions are expressed. Thus, if a third party, such as a parent, writes to a board expressing views and opinions about an employee, the employee has access to that correspondence because it is the personal information of the employee. If the material is provided explicitly or implicitly in confidence and if it is compiled for the purpose of determining the employee’s eligibility for employment, including possible termination of employment, then it is possible that the head may refuse to disclose the opinion, according to Section 30(2) of LAFOIP. If a third party sends correspondence that is expressed to be confidential and expresses no opinions or views about an employee, but merely recites facts, then that correspondence remains personal information of the parent and cannot be disclosed to the employee without permission.

LAFOIP Part III Exemptions include but are not limited to:

• records from other governments (section 13);
• records from law enforcement (section 14);
• advice from officials (section 15); and
• danger to health or safety (section 20).

Correction of a Record by Individual Employee

Section 31 of LAFOIP provides that an individual who is given access to a record may request correction of information on the record. If the correction is not made by the board the individual can require a notation to be made that a correction was requested but not made.

Correction of personal information includes error and omissions. It only applies to factual material. It does not apply to opinions.