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Substitute Senate Bill No. 378

Public Act No. 03-5

AN ACT CONCERNING EMPLOYEE ACCESS TO ELECTRONICALLY RECORDED PERSONNEL FILES.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Subdivision (3) of section 31-128a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2003):

(3) "Personnel file" means papers, documents and reports, including electronic mail and facsimiles, pertaining to a particular employee [which] that are used or have been used by an employer to determine such employee's eligibility for employment, promotion, additional compensation, transfer, termination, disciplinary or other adverse personnel action including employee evaluations or reports relating to such employee's character, credit and work habits. "Personnel file" does not mean stock option or management bonus plan records, medical records, letters of reference or recommendations from third parties including former employers, materials [which] that are used by the employer to plan for future operations, information contained in separately maintained security files, test information, the disclosure of which would invalidate the test, or documents which are being developed or prepared for use in civil, criminal or grievance procedures.

Approved April 29, 2003