Who Can Look at Employee Personnel Files?

Companies handle sensitive employee data every day. But storing it securely isn’t enough. They also need to know who’s allowed to access it.

It is not limited to storing files in a cabinet, but also through the HR system.

There are rules that shape how personnel records should be accessed, shared, and protected.

What is an Employee Personnel File?

An employee's personnel file is where you keep all important employment records related to a staff member.

These files are used throughout the employee lifecycle, from hiring to exit, and contain both company and personal information.

Typically, a personnel file may include:

Offer letters and signed contracts
Performance reviews and warning letters
Salary history, EPF/SOCSO records
Medical certificates or claims
Termination or resignation letters

Some businesses keep these in physical folders, while others store them digitally using HR software.

Either way, the information is private and must be treated with care.

Who Can Legally Access Employee Personnel Files in Malaysia?

HR and Authorised Internal Staff

In most companies, HR or designated managers are the ones responsible for maintaining employee records.

These staff usually have access to the full file because they handle payroll, leave, performance management, and disciplinary action.

But access should not be open to everyone.

If someone outside HR or senior management wants to view a file, for example, a department head, access should be limited only to what’s relevant (like performance reviews or training records).

The Employee

Employees in Malaysia do not have a clear legal right under the Employment Act to view their full personnel files.

However, many companies choose to provide limited access when requested, especially during termination or disputes.

For example, you might share a copy of a warning letter or performance review if an employee raises questions about it.

Government Authorities and Auditors

From time to time, agencies like PERKESO, LHDN, or even the Industrial Court may request access to personnel files.

This can happen during audits, investigations, or in response to employee complaints.

In these cases, you must provide the requested documents, usually with formal notice or a legal order.

Lawyers and Legal Representatives

Legal representatives can access personnel files if they have written consent from the employee or a court order.

This typically happens during legal disputes, wrongful termination claims, or industrial court cases.

Can Employees Request Access to Their Own Personnel Files?

There is no clear law in Malaysia that forces employers to open up an entire personnel file for employee review.

But in the spirit of transparency, many companies choose to give access to relevant parts.

For example, during a resignation or when a disciplinary action is challenged, it’s common to share parts of the file to clear confusion or prevent disputes.

Being proactive with this kind of transparency can help you avoid claims of unfair dismissal or “after-discovered documents,” where a former employee accuses you of adding documents after they leave.

Are Supervisors or Managers Allowed to View Files?

Yes, but only when necessary.

For example, if a manager is handling a promotion, appraisal, or disciplinary issue, they might need access to parts of the file, like performance reviews or KPI tracking.

However, they should not be able to view private details like medical records or salary history unless there’s a business reason for it.

This is where a role-based access system is useful, whether your files are on paper or digital.

When Can External Parties View Personnel Files?

External parties like auditors, consultants, or even future employers should never view personnel files unless:

The employee has given written permission, or
You’ve received a legal notice requiring you to submit the file

Sharing personnel files without consent may lead to complaints or even legal action under the Personal Data Protection Act (PDPA).

When in doubt, consult your legal team.

How to Handle Personnel Files in Malaysia

Keeping employee files safe isn’t just a matter of filing documents in a locked cabinet.

You need proper systems and policies, especially as your company grows.

Some best practices include:

Keeping medical records separate from other employment files
Using HR software or password-protected folders for digital files
Granting access based on roles. Not everyone should have the same level of access
Keeping an access log of who views what file and when
Training HR staff on data confidentiality and compliance

Compliance with Malaysian Laws

Ensure you are aware and familiar with the laws below:

Personal Data Protection Act (PDPA): Protects employees’ personal data. You must get consent before collecting, using, or sharing personal details.
Employment Act 1955: Covers employment terms, benefits, and some record-keeping responsibilities.
Industrial Relations Act: Often relevant during disputes or court proceedings, where personnel files may be reviewed.

If you mishandle files or leak sensitive data, it may lead to investigations or even legal penalties.

For example, if an employee’s medical record is leaked, this could trigger a PDPA complaint.

Penalties for Mishandling Personnel Files

The consequences can be serious.

If an employee finds out that confidential information has been accessed or shared without permission, they can file a complaint with the Personal Data Protection Commissioner.

Depending on the case, this may lead to a fine, civil lawsuit, or damage to your company’s reputation.

Also, if your company ends up in court and you cannot produce proper documents or show responsible recordkeeping, the judge may see it as negligence.

FAQ

Can ex-employees request access to their files?

This is not required by law, but some companies choose to provide copies of termination letters or last payslips upon request.

What if an employee wants to see their warning letter?

You may share it voluntarily, especially if it’s relevant to ongoing performance discussions or disputes.

How long should I keep employee files?

Under various employment laws, you should keep personnel files for at least 6 years after the employee leaves, especially payroll and disciplinary records.

Can I share files with a new employer doing a reference check?

Only basic information like dates of employment or job titles should be shared. Do not share full records unless the employee gives written consent.

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