December 1, 1998
Bryan E. Beatty Inspector General North Carolina Department of Justice
P. O. Box 629 Raleigh, N.C. 27602
Re: Advisory Opinion: Employer Disclosure of Employee Information; Departments of Social Services in Welfare Fraud Investigations; G. S. § 126-22 et seq.; G. S. § 153A-98; G. S. § 160A68; 5 U.S.C. § 552a(b), Privacy Act of 1974
Dear Mr. Beatty:
This letter is in response to the questions you posed in your memorandum of September 23, 1998. The first question you have asked is whether there are any legal impediments which prohibit employers from disclosing personal information about their employees to social services agencies when the agencies request the information in connection with the determination of a person’s eligibility for public assistance or the investigation of a suspected public assistance overpayment.
The answer to the question depends upon the type of employer. There is nothing to prevent a private sector employer from releasing to a county department of social services information relative to an employee, except in situations in which an employment contract or collective bargaining agreement prohibits such disclosure. The Privacy Act of 1974 only applies to federal agencies and their subcontractors. 5 U.S.C. § 552a(b).
With respect to State, county and city employers, information concerning, among other things, name, date of original employment and current salary of employees is a matter of public record. See N. C. G. S. § 126-23; § 153A-98; § 160A-168, respectively. These government employers are prohibited by statute from disclosing confidential information for the purpose of assisting in a criminal prosecution. See N. C. G. S. § 126-24(5); § 153A-98(c)(5); § 160A-168(c)(5), respectively. However, under certain circumstances, such as maintaining public confidence or the integrity of the department, confidential information contained in personnel files may be released in the discretion of the employer. See N. C. G. S. § 126-24; § 153A-98(c)(7); § 160A-168(c)(7), respectively.
The second question you ask is whether, in the absence of consent from the employee, there is any legal authority, other than a valid subpoena or court order, which requires employers to disclose personal information about an employee to a social services agency. There is no federal or State law that requires employers to disclose personal information about an employee to a social services agency.
We trust this fully answers your questions. Please do not hesitate to contact us if we can be of further assistance to you.
signed by:
Ann Reed Senior Deputy Attorney General
Belinda A. Smith
Assistant Attorney General