North Dakota Assembly revises employee performance record confidentiality laws

A new legislative proposal in North Dakota is stirring debate over employee privacy rights. Senate Bill 2350, introduced on February 13, 2025, aims to amend existing laws regarding the confidentiality of public employee records, specifically focusing on performance and discipline documentation.

The bill seeks to enhance the protection of personal information contained within public employees' personnel records. It stipulates that medical treatment records and participation in employee assistance programs will remain confidential and not be included in personnel files without the employee's written consent. Additionally, it broadens the definition of "personal information" to include sensitive data such as home addresses, phone numbers, and financial details, which would be exempt from public disclosure.

Supporters of the bill argue that it is essential for safeguarding the privacy of public employees, especially in an era where personal data breaches are increasingly common. "This legislation is about ensuring that our public servants can work without the fear of their private information being exposed," said Senator Paulson, one of the bill's sponsors.

However, the bill has faced criticism from transparency advocates who argue that it could hinder accountability within public institutions. Opponents contend that while employee privacy is important, the public has a right to access certain records that reflect employee performance and conduct, particularly in cases of misconduct.

The implications of Senate Bill 2350 could be significant, potentially reshaping how public entities manage employee records and balance privacy with accountability. As the bill moves through the legislative process, its future remains uncertain, with discussions expected to intensify in the coming weeks. Lawmakers will need to navigate the delicate balance between protecting employee privacy and maintaining public trust in government operations.