An employee won the right to their personnel records after an investigation by information commissioner Gitanjali Gutierrez.

The employee had made a request under Public Access to Information to see their records after they were referred to counselling services firm Benedict Associates.

The Department of Human Resources denied the request on the grounds it could harm their mental or physical health.

But after the commissioner launched an investigation, the department abandoned their claim but gave no other reasons to withhold the records.

Ms Gutierrez also found during her investigation that the department had failed to conduct a reasonable search for records in accordance with the Pati Act.

She stated: “The Department of Human Resources did not search any electronic records, such as e-mails, and only searched certain hard copy files during the information commissioner’s review.

“No records in the possession of its contractor were requested or searched.”

• To read the information commissioner’s release in full, click on the PDF under “Related Media”