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Nebraska Confidential Files

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

The state of Nebraska does not have any state or federal laws that address the lock system for storing confidential files.

Court decisions, as well as several federal laws, require certain types of information to be held in confidential files.  The various types of data that must be held in strict confidence include an employee’s background, disability status, credit, medical condition, religion, age, and race. 

Such files should be maintained under lock and key at all times.  The public should not have any access to those files at any time.  Those holding managerial and supervisory positions should only have access to these types of files on a “need to know” basis.

Employers in Nebraska must do “whatever it takes” to be sure that medical information does not get released to those who have no legal right to view it.  One lock, in some cases, may be sufficient to do the job.  In other cases, however, four or five locks may be required.

The federal Americans with Disabilities Act of 1990 applies to any businesses that have 15 or more employees.  Some states, in fact, have versions of the ADA act.

The ADA states that any worker’s disability status should not be a factor regarding personnel decisions.  This makes it much easier for companies to comply if their supervisors do not have access to such information in the first place.  HIPAA requires employers to hold all medical information on employees in strict confidence.

There are some general guidelines that can provide guidance to companies seeking information about how to keep their confidential information safe.  The most popular, and possibly the safest method, is to keep confidential files in a locked file cabinet that is kept in a locked office. 

Some companies require that confidential files never be left on a desk, even in locked offices.  Such files need to be stored in locked filing cabinets unless they are being actively used. JH