§ 126A-16-2.  Personnel files not subject to inspection under G.S. 132-6.

(a) Except as provided in G.S. 126A-16-3, 126A-16-4, and 126A-16-5, personnel files of employees shall not be subject to inspection and examination under G.S. 132-6.

(b) The following definitions apply in this Article:

(1) Reserved for future codification purposes.

(2) Employee. - A current employee, former employee, or applicant for employment at an agency.

(3) Personnel file. - Any employment-related or personal information gathered by an employing agency or by OSHR. Employment-related information contained in a personnel file includes information related to an individual's application, selection, promotion, demotion, transfer, leave, salary, contract for employment, benefits, suspension, performance evaluation, disciplinary actions, and termination. Personal information contained in a personnel file includes an individual's home address, social security number, medical history, personal financial data, marital status, dependents, and beneficiaries.

(4) Record. - The personnel information that each employing agency is required to maintain in accordance with G.S. 126A-16-3.

(c) Personnel files of former employees who have been separated from agency employment for 10 or more years may be open to inspection and examination, except for papers and documents relating to demotions and to disciplinary actions resulting in the dismissal of the former employee. Retirement files maintained by the Retirement Systems Division of the Department of State Treasurer shall be made public pursuant to G.S. 128-33.1 and G.S. 135-6.1.  (2026-40, s. 1.)