EMPLOYEE ACCESS TO OFFICIAL PERSONNEL FILES

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP82-00357R000700120020-4
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 2
• Document Creation Date: December 9, 2016
• Document Release Date: September 12, 2000
• Sequence Number: 20
• Publication Date: April 17, 1974
• Content Type: MFR

*O@C Has Reviewed*
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17 April 1974
MEMORANDUM FOR THE RECORD
SUBJECT: Employee Access to Official Personnel Files
1. On 16 April at the request of I 25X1A9a
spoke with Mr. Pierce Myers of the Office of General Counsel,
Civil Service Commission, concerning the right of an employee
to review his official personnel folder (OPF) and "soft" or "shadow"
file, where such a file exists. Mr. Myers stated that the Com-
mission allows an employee to review his OPF but that before the
review, certain information is removed from it. Information con-
cerning the establishment of and access to OPFs is covered by
Commission regulations set forth at 5 C. F. R. 293 and 294.703
(1973).
2. Medical information, which apparently is an integral
part of a Civil Service employee's OPF file, may be disclosed to
the employee, subject to the prudent physician rule, i.e., medical
information concerning a mental or other condition of such a nature
that a prudent physician would hesitate to inform a person suffering
from it of its exact nature and probable outcome may be disclosed
only to a licensed physician designated in writing by the employee
(or his designated representative). 5 C. F. R. 294.401 (1973).
3. Mr. Myers informed me that the Commission main-
tains a separate security file on an employee, a system apparently
similar to the one used by this Agency. The Commission's attitude
is that an employee is not entitled to see his security file, unless
adverse action is being taken based upon material in this file. In
such a case, the employee apparently is not allowed to peruse the
file but is allowed to examine summaries of the documents in the
file which are the basis for the adverse action. See, 5 C. F. R.
294. 601 (1973).
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4. In regard to a "soft" file, Mr. Myers indicated that
the Commission's attitude is that anything in such a file which
will be placed in the OPF or which is equivalent (undefined) to
information in the OPF should be shown to an employee, upon
his request and subject to the limitations set forth at 5 C. F. R.
294.703 (1973). Anything in such a file which is pertinent to an
adverse determination or adverse action must also be shown to
the employee, subject to the same limitations.
cc: DD/Personnel
DD/OMS
DD/Securitv
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