S.C. Code Regs. § § 19-720.03

Current through Register Vol. 48, No. 10, October 25, 2024

Section 19-720.03 - RECORDS RELEASE

A. In response to requests for information from human resources records, agencies may provide, pursuant to the Freedom of Information Act, an employee's name, date of employment, title, sex, and race. The determination to disclose other types of information should be made on a case by case basis. Requests for salary information should be answered in accordance with the Freedom of Information Act. (Refer to Regulation 19-703.05.)

B. In responding to requests for information concerning current or former employees by prospective employers under Section 41-1-65 of the South Carolina Code of Laws, agencies may provide information as follows:

1. Agencies responding to oral requests for information may disclose an employee's or former employee's dates of employment, pay level, and wage history.

2. Agencies responding to written requests may disclose the following information to which an employee or former employee may have access:

a. Written employee evaluations;

b. Official human resources notices that formally record the reasons for separation;

c. Whether the employee was voluntarily or involuntarily released from service and the reason for the separation; and

d. Information about job performance.

3. Agencies shall not knowingly or recklessly release or disclose false information.

4. Responses to requests under Section 41-1-65 of the South Carolina Code of Laws should be considered in conjunction with the Freedom of Information Act.

S.C. Code Regs. § 19-720.03

Added by State Register Volume 26, Issue No. 1, eff January 25, 2002. Amended by State Register Volume 34, Issue No. 5, eff May 28, 2010.