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Oklahoma Confidential Files

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What is the law regarding confidential files in Oklahoma? I’ve heard that there is a law that confidential employee files be kept under a “two-lock system” in Oklahoma.  Does that mean that they need to be kept in a locked file cabinet, in a locked office or storage room?

Oklahoma state law does not specifically address the lock system that is used for storing confidential files, nor is there any federal law.

In some situations, one lock may be sufficient for making sure that unauthorized personnel cannot obtain access to confidential files.  In other cases, four or five locks may be needed.  It is up to employers to do “whatever it takes” to protect medical information.

For businesses with 15 or more employees, the Americans with Disabilities Act of 1990 is the relevant law in these situations.  Be aware, however, that some states have versions of the ADA act.

Certain types of information must be kept in confidential files, according to numerous court decisions and federal laws.  Such information includes data pertaining to an employee’s disability status, religion, medical condition, age, background, race, or credit.  These files need to be kept under lock and key, away from public access. 

According to the Americans with Disabilities Act of 1990, any worker’s disability status should never be a factor in making personnel decisions.  HIPAA also requires employers to maintain medical information on employees in strict confidence.

The point behind all of this is to ensure that the confidential files are actually viewed as little as possible.  Even people with a genuine need for seeing the information should have limited access. 

Some general guidelines can be followed in order to ensure that companies are in compliance with confidentiality regulations.  One of the most common, and probably one of the safest methods, is to keep confidential files locked in a file cabinet inside a locked office. 

Confidential files cannot be left in unlocked files in an office that has a lock on the door.  This would allow virtually anyone to have access to the files, including visitors to the office.

Some companies have policies stating that confidential files are never to be left on desks, even inside of locked offices.  Files should be stored in file cabinets unless they are currently being used.  JH