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Georgia Confidential Files

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What is the “two-lock system” for confidential employee files in Georgia? Does that mean that they need to be kept in a locked file cabinet, in a locked office or storage room?

State or federal laws about the lock system do not exist in Georgia that specifically addresses how to store confidential files and information.

When it comes to making sure that medical information is not released to persons who have no legal right to see it, employers must do “whatever it takes.”  For some employers, this may mean that using only one lock is sufficient.  While for others, four or five locks may be required.

The specific term “two-lock system” is used sometimes to indicate that medical data, as well as other confidential information, needs to be protected from unauthorized persons.  This includes people both within and outside of the company.

The federal Americans with Disabilities Act of 1990 is the relevant law in this situation.  The ADA is applicable to businesses having 15 or more employees.  Some states actually have their own laws similar to the Americans with Disabilities Act.

Quite a few court decisions, as well as federal laws, dictate that various types of information be held in confidential files.  The different types of data include information about an employee’s race, credit, age, background, religion, medical condition, and disability status.  This information has to be kept under lock and key, away from public access.  Managers and supervisorsshould have very limited access to these files.

A worker’s disability should not be a factor regarding any personnel decisions, according to the Americans with Disabilities Act.  So when a supervisor does not have access to this type of information, it is easy to comply with the rule. 

Access to confidential files should be restricted so that they are viewed as few times as possible, even by those who have a genuine need to see the information.  People who do not have a genuine need for this information should never look at such files. 

Generally speaking, the most common arrangement for maintaining confidential files is to keep them locked in a filing cabinet in a locked office.  This is probably the safest method, as well.  There are, however, other options that companies are free to explore.  JH