Judges: STEVE CLARK, Attorney General
Filed Date: 3/21/1988
Status: Precedential
Modified Date: 7/5/2016
Mr. Jack Griffin P.O. Box 33 Newark, AR 72562
Dear Mr. Griffin:
This is in response to your request for an official opinion regarding the disclosure of information contained in your personal file. In your correspondence, you state that your request is prompted by an incident in which a student was involved and that the parents' attorney have subsequently requested inspection of your personnel records. Your specific question, paraphrased is as follows:
I would like to know whether my personnel record was to be made available to the public? Please advise me of my rights under Arkansas Code Section
25-19-105 concerning the disclosure of my personnel file.
Arkansas Code of 1987 Annotated
While no Arkansas court has articulated what constitutes a "clearly unwarranted invasion of personal privacy," this office has opined that the federal courts can be looked to for guidance in this regard. See, Opinion No.
The following specific information has been exempted through interpretation: personal histories, religious affiliations of employees, Church of Scientology v. Department of Defense,
Without examination of your files it is difficult to ascertain what information would constitute a clearly unwarranted invasion of personal privacy. While a definitive answer cannot be given in this regard, the above referenced cases should offer sufficient guidance in determining the types of data exempt from public disclosure.
It should also be noted that information contained in your personnel file may qualify you for exemption as employee evaluation or job performance records. Such information is exempt from public disclosure only until such time that they form the basis for the dismissal or suspension of an employee who has exhausted his administrative appeals and if compelling public interest warrants its disclosure.
On the facts stated, it is difficult to determine whether or not you have exhausted your administrative remedies or indeed, whether any personnel action has been taken against you. If so, the existence of a compelling public interest must still be determined. Such a determination must be made on a case by case basis. However, the legislative intent of the Freedom of Information Act favors public disclosure. Laman v. McCord,
Based on the foregoing, an examination of your personnel file would be necessary to formulate a dispositive answer to the question posed in order to ascertain if information contained therein is subject to exemption pursuant to the Freedom of Information Act.
Columbia Packing Company, Inc. v. United States Department ... , 563 F.2d 495 ( 1977 )
Providence Journal Company v. Federal Bureau of ... , 602 F.2d 1010 ( 1979 )
Rural Housing Alliance v. United States Department of ... , 498 F.2d 73 ( 1974 )
Smith Simpson v. Cyrus R. Vance, Secretary of State , 648 F.2d 10 ( 1980 )
United States Department of State v. Washington Post Co. , 102 S. Ct. 1957 ( 1982 )