Can an employee insist that information about him or her is removed from his or her personal file?
An employee may ask for information to be deleted from his or her file if it is inaccurate or if its retention is likely to cause him or her substantial and unwarranted damage or distress. The employer must remove the information or give reasons why the request is unjustified within 21 days. The employer need not comply with a request to remove potentially damaging data if the employee consented to that information being held in the first place, or if the information is necessary for contractual or legal reasons, or to protect the employee's interests. An employee may apply to a civil court for an order requiring the removal or destruction of inaccurate personal data.