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    Tashalee Wynter
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    The document discusses legal issues related to records management. It covers the right of current and former employees to access information in their personal files according to industrial relations laws. Employers must keep copies of employee records where they work or make them available. The right of access applies to personnel files and computer records related to performance, grievances, payroll and hazardous materials exposure. Some records like legal advice may be exempt. Countries also have laws giving public access to government information, like Jamaica's Access to Information Act.

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    Legal issues affecting records management

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    The document discusses legal issues related to records management. It covers the right of current and former employees to access information in their personal files according to industrial relations laws. Employers must keep copies of employee records where they work or make them available. The right of access applies to personnel files and computer records related to performance, grievances, payroll and hazardous materials exposure. Some records like legal advice may be exempt. Countries also have laws giving public access to government information, like Jamaica's Access to Information Act.

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    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
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    Download as pdf or txt
    34 views12 pages

    Legal Issues Affecting Records Management

    Uploaded by

    Tashalee Wynter
    The document discusses legal issues related to records management. It covers the right of current and former employees to access information in their personal files according to industrial relations laws. Employers must keep copies of employee records where they work or make them available. The right of access applies to personnel files and computer records related to performance, grievances, payroll and hazardous materials exposure. Some records like legal advice may be exempt. Countries also have laws giving public access to government information, like Jamaica's Access to Information Act.

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    of 12

    LEGAL ISSUES

    AFFECTING RECORDS
    MANAGEMENT
    PREPARED BY MS. T. WYNTER 22/02/21
    NATURE AND LIMITATIONS OF THE RIGHT OF ACCESS

    Personal files
     The industrial relations laws of many countries ensure that current
    and former employees have a right to access the information in their
    personal files at reasonable times and intervals.
     Industrial relations laws refer to the relationship between
    employers and employees in industry, and the political decisions and
    laws that affect it.
    NATURE AND LIMITATIONS OF THE RIGHT OF
    ACCESS, CONT’D.

     Therefore, employers should ensure that


    at least one of the following is facilitated:
     Keep a copy of each employee’s records
    where the employee reports to work.
     Make the records available at the place
    of work within a reasonable amount
    of time.
     Allow the employee to inspect the
    records where they are stored with no
    loss of earnings to the employee.
    NATURE AND LIMITATIONS OF THE RIGHT OF
    ACCESS, CONT’D.

     The laws general applies to personnel files that are


    kept in a filing system as well as computer records.
    This includes records that relate to:
    - employee’s performance
    - any grievance concerning the employee
    - payroll
    - employee exposure to potentially hazardous
    or toxic materials
    NATURE AND LIMITATIONS OF THE RIGHT OF
    ACCESS, CONT’D.
     There are limitations to this right of access. For example, the following
    may be exempt:
    - documents containing legal advice
    - data intended to be used for management planning
    - records about negotiations with an employee.
     Additionally, some countries require that employees must make a
    request for access to this information.
    GOVERNMENT RECORDS
    GOVERNMENT RECORDS, CONT’D.

     Some countries have law that regulate the rights to access information.
    For example, in Trinidad and Belize- Freedom of Information Acts
    which gives the public rights of access to official government information.
    ACTIVITY

     What law(s) regulate information


    access in Jamaica?
    ACTIVITY, Cont’d.

     What law regulate information access in


    Jamaica?
    Answer: The Access to Information
    Act (2002)
    This gives the public a general right of
    access to official government information
    which would otherwise be inaccessible.
    GOVERNMENT RECORDS, CONT’D.
     The underlying principle of these laws is that
    individuals and organizations have a right to get
    information about government’s activities and policies
    including free access to many of its documents and
    records.
     Documents and records include:
     Written documents, graphs, plans, maps or
    drawings, photographs, discs, tapes, recordings,
    film etc.
    SUMMARY

     The industrial relations laws of many countries ensure that current and former employees
    have a right to access the information in their personal files at reasonable times and intervals.
     Employers Keep a copy of each employee’s records where the employee reports to work.
     The laws general apply to personnel files that are kept in a filing system as well as computer
    records. This includes records that relate to employee’s performance, any grievance concerning
    the employee and payroll.
     There are limitations to this right of access. For example, the following may be exempt:
    documents containing legal advice, data intended to be used for management planning, records
    about negotiations with an employee.
     Jamaica’s Access to Information Acts gives the public right of access to official
    government information.
    HOMEWORK

     Conduct a research on Parliamentary privilege.

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