Can I Access My Personnel File and What to Do if There’s Defamation in It? (Germany)

Question from Bella, Can I Access My Personnel File and What to Do if There’s Defamation in It? (Germany)

Answer from AI:

In Germany, employees have the right to access their personnel files under the Federal Data Protection Act (BDSG). This right is outlined in Section 34 of the BDSG.

Accessing Your Personnel File

According to the law, you have the right to request information about the personal data that your employer has stored about you. This includes data in your personnel file. Here are some steps you might take:

1. Make a formal written request to your employer asking to view your personnel file.
2. Specify the information you wish to see. You can ask for all data or only specific parts.
3. Your employer must respond to your request within a month.

Addressing Defamation in Your Personnel File

If you find information in your personnel file that you believe is defamatory, you have the right to request its correction or deletion under Section 35 of the BDSG. Here are some steps you might take:

1. Make a formal written request to your employer asking for the correction or deletion of the defamatory information.
2. Provide evidence supporting your claim that the information is false or misleading.
3. If your employer refuses to correct or delete the information, you may have the right to add a counter-statement to your file.
4. If your employer still refuses, you may need to take legal action. In this case, you should consult with a legal professional.

Please note: While this information provides a general guideline, it’s important to consult with a legal professional for personalized advice. Laws can vary and legal proceedings can be complex. A legal professional can provide guidance tailored to your specific situation.