Subject: Response to Your Personal Data Access Request (Personnel, Attendance, Performance, and Training Records)
Dear [Employee Name],
We acknowledge receipt of your request to access your personnel file, attendance/timekeeping data, performance records, and training history, and to obtain information about retention periods and channels for correction and complaints. This response outlines our process, applicable legal rights, timelines, and the next steps.
- Scope of Data to Be Provided
We will provide copies or extracts of the personal data we process about you in the following categories:
- Personnel file: employment contract(s), role profiles, compensation and benefits history, disciplinary notices issued to you, and HR correspondence to/from you.
- Attendance/timekeeping: timecards, attendance logs, leave records, and scheduling data associated with your employee ID.
- Performance: performance reviews, ratings, goals/objectives, performance improvement plans, and documented feedback addressed to you.
- Training: course enrollments, completions, scores (where applicable), certifications, and related training records.
Note:
- We may redact or withhold content that reveals personal data of other individuals, confidential business information, or legally privileged communications, where required to protect the rights and freedoms of others or comply with law [GDPR Art. 15(4); GDPR Recital 63; Cal. Civ. Code §1798.145].
- For CCPA/CPRA requests, we will not disclose certain sensitive data elements (e.g., full SSN, driver’s license numbers, financial account numbers, passwords, security questions) in response to a request for “specific pieces” of personal information [Cal. Civ. Code §1798.130(a)(2)].
- Legal Basis and Response Timelines
We will process your request under the privacy laws that apply to our organization and to you:
- GDPR/UK GDPR (if applicable): We will respond without undue delay and within one month of receipt. For complex or multiple requests, we may extend by up to two additional months and will notify you of the extension and reasons [GDPR Art. 12(3)]. You have the right of access [GDPR Art. 15].
- CCPA/CPRA (if applicable to you as a California resident and our business): We will respond within 45 days, with a possible 45-day extension where reasonably necessary and with notice [Cal. Civ. Code §1798.130(a)(2)]. You have the right to know/access categories and specific pieces of personal information [Cal. Civ. Code §§1798.110, 1798.115].
We do not discriminate or retaliate against you for exercising your privacy rights [Cal. Civ. Code §1798.125].
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Identity Verification
Before we disclose records, we must verify your identity to a reasonable degree (e.g., confirm employment ID, contact details on file, and recent HR interaction). We may request additional information if needed to ensure secure disclosure and prevent unauthorized access [GDPR Art. 12(6); CCPA regulations].
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Delivery Method
We will provide data via a secure channel:
- Preferred option: encrypted download via our secure portal (link and single-use passcode).
- Alternative options: encrypted email (password transmitted separately) or printed copies collected in person with ID verification.
We will confirm your preferred format.
- Retention Periods
We retain personal data only for the period necessary for the purposes for which it was collected and to comply with legal obligations [GDPR Art. 5(1)(e); Cal. Civ. Code §1798.100(a)(3)]. Our current retention schedule is:
- Personnel file: [X years] after employment termination, unless legal obligations require longer retention.
- Attendance/timekeeping: [Y years] following the applicable pay period or fiscal year close.
- Performance records: [Z years] after employment termination.
- Training records: [A years] after course completion or certification expiry.
Note: Retention may be extended due to legal holds, regulatory requirements, audits, or litigation. If you need exact durations for your location, we can provide the jurisdiction-specific schedule or a copy of our retention policy on request.
- Correction, Deletion, and Restriction Requests
- Correction (Rectification): If any personal data is inaccurate or incomplete, you may request correction and provide supporting documentation (e.g., certified name change, updated certification records) [GDPR Art. 16; Cal. Civ. Code §1798.106].
- Deletion: You may request deletion where legal bases no longer apply; however, we may need to retain certain records to comply with employment, tax, safety, or regulatory obligations [GDPR Art. 17; Cal. Civ. Code §1798.105; §1798.145].
- Restriction/Objection (GDPR only): You may request temporary restriction of processing or object to certain processing in specified circumstances [GDPR Arts. 18, 21].
We will respond within the statutory timelines and explain any denials or limitations.
- Complaints and Appeals Channels
- Internal: You may escalate concerns to HR or our Data Protection Officer/Privacy Office at [privacy@company.example] or [DPO contact details]. We will review and provide a written outcome.
- GDPR/UK GDPR: You may lodge a complaint with your competent supervisory authority (e.g., your national Data Protection Authority or the ICO in the UK) [GDPR Art. 77]. We can provide the appropriate authority’s contact details based on your location.
- CCPA/CPRA: You may submit a consumer complaint to the California Attorney General or the California Privacy Protection Agency (CPPA). We can provide links to their complaint portals upon request.
- Fees and Limitations
- We process access requests free of charge unless they are manifestly unfounded or excessive, in which case we may charge a reasonable fee or decline to act [GDPR Art. 12(5)]. Under CCPA/CPRA, we do not charge for the first two requests within a 12-month period.
- We may limit disclosures to protect the rights of others, trade secrets, privileged communications, ongoing investigations, or where disclosure is prohibited by law [GDPR Art. 15(4); Cal. Civ. Code §1798.145].
- Risk Notices (Operational and Security)
- We will redact third-party personal data and confidential business information to avoid inappropriate disclosure and protect the rights and freedoms of others [GDPR Art. 15(4)].
- We will not disclose credentials, authentication data, full government IDs, full financial account numbers, or security answers in response to access requests [Cal. Civ. Code §1798.130(a)(2)].
- If a legal hold is in place, certain records cannot be deleted or modified until the hold is lifted.
- We will use secure transmission methods. Avoid forwarding or storing the disclosed records in unsecured locations. Report suspected unauthorized access immediately to [security@company.example].
- Requests and outcomes do not affect employment status; retaliation is prohibited [Cal. Civ. Code §1798.125].
- Next Steps
Please confirm the following so we can proceed:
- Your preferred delivery method (secure portal, encrypted email, or in-person collection).
- Any specific date range or sub-category to prioritize (e.g., performance reviews from [Year-Year]).
- Acceptance of identity verification steps (we will send a separate verification request).
If you have questions or wish to adjust the scope, contact [privacy@company.example] or [HR contact].
Sincerely,
[Name]
[Title, e.g., Privacy Officer / HR Compliance]
[Company Name]
[Contact Details]
[Company Address]
Legal References (for your review):
- GDPR: Arts. 5(1)(e) (storage limitation), 12(3) (response time), 12(5) (fees/excessive requests), 15 (access and copy), 15(4) (rights of others), 16 (rectification), 17 (erasure), 18 (restriction), 21 (objection), 77 (complaints to supervisory authority).
- CCPA/CPRA (California Civil Code): §1798.100(a)(3) (retention and minimization), §1798.105 (deletion), §1798.106 (correction), §§1798.110 and 1798.115 (right to know categories/specific pieces), §1798.125 (non-discrimination), §1798.130(a)(2) (methods, timelines, and limits on disclosure), §1798.145 (legal exceptions).