Data rights and access

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While the previous section focuses on employer obligations to safeguard data privacy and restrict inappropriate access, this section emphasizes worker rights and entitlements in relation to their own data. As digital systems play a growing role in organizing, evaluating, and storing employee information, unions have negotiated provisions to ensure that workers can exercise control over how their personal data is used. These contractual protections uphold transparency and worker agency by enabling employees to access, review, and challenge information collected about them. They also regulate data ownership, consent, and correction rights, particularly in cases involving third-party access or the use of sensitive data in performance evaluations, investigations, or other employment decisions. In some cases, procedural safeguards are established that require union oversight or authorization, reinforcing collective governance over digital data practices.

These contract provisions are grouped into the following focus areas:

• Notice and disclosure of data practices: Requires employers to inform employees and unions about the existence, use, and contents of personnel files and data systems, often through regular notifications or updates.
• Data access and request procedures: Establishes worker rights to access their personal data across multiple platforms and systems, and outlines procedures for retrieving personnel records or digital communications.
• Consent, data ownership, and third-party data access: Asserts worker ownership of personal data and requires authorization or disclosure when data is accessed by outside parties or shared beyond its original context.
• Data correction, deletion, and recourse: Guarantees workers the right to correct inaccurate records, request data deletion, and pursue remedies or file grievances in cases of data misuse or procedural failure.

Notice and disclosure of data practices

These provisions ensure that employees are kept informed about the existence, purpose, and handling of their personal records.

Examples:

• “An employee has the right to be informed about records that are maintained about him or her and are filed in a system of records that is personally identifiable. Employees shall be advised of the nature and purpose of the [electronic personnel folder] and employee files, and their locations. The [Employer] will provide an annual notice to each employee regarding these rights.” (AFGE-OPM72) 
• “The [Employer] will provide an annual reminder to employees emphasizing the importance of reviewing and ensuring the accuracy of the documents contained in their [electronic personnel folder].” (AFGE-OPM123)
• “[Employees] will be annually advised of the purpose and intended use of the [electronic personnel folder] or any other file specific to them maintained under their name, social security number and/or any recognizable personal identifier, and its location.” (NNU-OPM37)
• “The [League] may use data concerning players’ performance and movements collected from Sensors during [League] games commercially, including but not limited to, with broadcast partners, subject to providing advance notice to the [Union] of such use. Such notice shall include (i) type of Sensor(s) to be used and (ii) an overview of data to be shared with third-parties prior to any use of such data. Revenue from such commercial use shall be included in AR.” (NFLPA-PCBA5)
• “The employee will receive an automatic email notice when electronic personnel actions are added to their Official Personnel Folder. Unfavorable material placed in an employee’s Official Personnel Folder shall be discussed with the employee to the extent disclosure of the material is required under applicable law, rule, or regulation. Employees shall be advised of the length of time the Department intends to maintain unfavorable material in the Official Personnel Folder. If the Department reduces the time in which it maintains such material in the Official Personnel Folder, the employee shall be so notified.” (AFGE-OPM41)
• “Employees shall be notified and given a photocopy of any material placed in the [electronic personnel folder] or employee files normally within three (3) working days. Employees should acknowledge receipt by signature except when documents are standard personnel action forms. It is understood such acknowledgment does not constitute agreement with the contents.” (AFGE-OPM72)

Data access and request procedures

Provisions in this section establish worker rights to access information held about them and outline processes for requesting records, ensuring transparency and continuity of access across data systems.

Data access rights

These agreements guarantee that employees can directly view or retrieve their personal records, including through secure digital systems and evolving platforms.

Examples:

• “A player will have full access to all data collected on him from approved Wearables.… The [League] will use, during the Term, an electronic medical records system (“EMR”) that will provide a secure, searchable, centralized database of player health information.… By no later than the end of the 2023-24 Season, the [League] shall make available a mobile app for exclusive use by players to facilitate direct access for each player to such information in the EMR. The [League] shall also provide the same or similar access through the app for exclusive use by former players in respect of whom the EMR contains medical information.” (NBPA-OLMS1)
• Employees have 24 hour-access to their electronic personnel folder from home via VPN. If an employee or their representative needs access to their folder, the employee must download the information. Employees have the right to have access to the types, format, and location of all records maintained and filed in any system under their personal identifier (e.g., Social Security number). (AFGE-OPM14)
• The Employer will maintain an Electronic Official Personnel Folder (eOPF) for each employee. Local management will provide computer access and duty time for bargaining unit employees (BUEs) to access their eOPF. Access to the eOPF will be subject to local bargaining. Employees may copy any documents in their eOPF in accordance with applicable laws, rules, and regulations. (NFFE-OPM71)
• “An employee may access his or her Official Personnel Folder (OPF) through the electronic OPF system (e-OPF system). The e-OPF system is a secure web-based application that is accessible from remote locations. Employees shall have access to their e-OPF from their workstations.” (AFGE-OLMS77)
• “If the wearable technology includes the ability to create a login or otherwise provide direct access to the Player’s personal data, the Club shall make that data available to the Player. In the event this functionality is not available, the Club must provide a copy of the Player’s data to the Player upon his request.” (MLBPA-PCBA6)
• “The Parties recognize that developing automation technologies have enabled some information that is presently stored in databases or other information technology. If the EMPLOYER elects to change its method of storing any information, which is subject to the terms and conditions of this Article, the EMPLOYER will assure all employees or their personally-designated representatives continued access to such information or its equivalent.” (NTEU-OPM31)

Data request procedures

Some contracts detail how employees or their representatives can formally request specific records, including timelines, formats, and conditions for release.

Examples:

• “Employees will be advised how to access their electronic official personnel folder and how to obtain a copy of any material contained therein.” (AFGE-OPM7)
• “Where an employee is entitled (by law or regulation) to review records maintained in a system of records under the Privacy Act of 1974. The records will, upon request, be provided to the employee, or to his or her designated (in writing) union representative in a timely fashion. Privacy Act records include, but are not limited to, such records as eOPF, training records, Competency files , certifications, etc. (Employees will be allowed to view records which are maintained electronically.) In addition, where (a) such information is needed for the processing of a grievance or to respond to a disciplinary/adverse action, and (b) there is an unreasonable delay by the [Employer] in providing the information, the [Employer] will provide the employee an extension of time until the information is provided.” (AFGE-OPM38)
• “Employees may obtain copies of their individual records of time and attendance or other records which are recorded in any software or electronic system upon request, and will receive any such records considered in the appraisal of their performance at the time they are provided their performance rating.” (NFFE-OPM119)
• “Upon request by an employee, steward or Local Union to a Company supervisor or their designee, the Employer shall provide copies of [internal communication software application] messages [sent to an employee’s handheld device]. When such a request is made on the same day the transmission(s) were sent, the operating center shall provide the printed copy of the transmission(s) that day. When such a request is made after the day the transmission(s) were sent, but within twenty-five (25) days thereafter, the printed copy of the transmission(s) shall be provided within five (5) working days.” (IBT-PCBA7)

Consent, data ownership, and third-party data access 

Some agreements clarify employee rights over their personal data and outline procedures for authorization and monitoring of external access.

Examples:

• “In the event an employee is the subject of a security investigation and such investigation produces a negative determination, any information or documents obtained and made a part of the Security file shall not be released or shared without the express written authorization of the employee, except pursuant to [government policy].” (NATCA-OPM100)
• “When official requests are made for Automated Access Control System (AACS) data on bargaining unit employees for administrative purposes, copies of those requests shall be forwarded to the affected employee and the union.” (IFPTE-OPM109)
• The Parties acknowledge that, despite any rights granted in the Player Contract, individual players retain ownership of their personal data collected by sensors. The use of sensors will not require players to transfer ownership of their data to the Club or any third party. No exchange or transfer of player data will result in a change of ownership. (NFLPA-PCBA5)
• Access to an employee’s electronic personnel, medical, and security files is restricted to authorized individuals per law and regulations. The Employer will log all access, other than by personnel who routinely maintain the files, to an employee’s files by persons outside of the Security and HR offices, including files maintained at the employee’s work location. This log will be generated and filed in the employee’s records upon the first external access request. Employees may review and copy this log upon written request, in the presence of a management official. (NATCA-OPM100)
• “In addition to the subject employee, only [HR] will maintain and have access to official personnel folders. [HR] also may provide [electronic personnel folder] access to special investigators. Employees have the option to request from the [HR] an audit trail that records when and why an individual has reviewed an [electronic personnel folder].” (AFGE-OPM14) 

Data correction, deletion, and recourse

Beyond accessing their records, employees also have contractually recognized rights to correct inaccurate information, request data deletion, and challenge improper or unauthorized data use. These provisions reinforce accountability and establish pathways for workers to maintain the accuracy and integrity of their personal records.

Right to correct and amend personal data

Some agreements guarantee workers the ability to revise, supplement, or dispute information in their records, including errors related to identity or employment history.

Examples:

• An employee may request corrections or amendments to their electronic personnel folder if they believe the information is inaccurate. The Employer will respond within fifteen (15) days with its decision. If the request is denied, the employee will be informed of the reason and may add a statement of disagreement to their file. When disclosing records containing disputed information, the Employer will note the contested sections and include the employee’s statement, along with the Employer’s reasons for not making the changes, as appropriate. (NATCA-OPM100)
• “The employee shall have the right to prepare and enter on the record, while on duty status, a response to material placed in each record. Employees will be allowed to enter into their [electronic personnel file] and employee files additional information or documents, within reason, that are appropriate, relevant, work related and that are not in violation of law or government wide rules or regulations.” (AFGE-OPM72)
• “Employee pronouns should be accurately reflected in the company HRIS system and publishing platform and there will be a process to ensure that those names and pronouns are accessible to all staff.… The Company shall, upon an employee’s request, change all current and goforward employee records (except for records or third-party forms which, in the Company’s discretion, cannot or should not be altered; e.g., EEO reports, or where legal names are required, e.g. payroll records) so that all such records use the names with which they identify. The Company shall also update any photographs, including identification badges upon an employee’s request, to make such change for reasons relating to gender identity. The Company shall assist the employee upon request to make the changes to Company records as outlined in this section, including providing a written guideline to how to navigate name and pronoun changes in company systems.” (WGAE-PCBA76)

Right to delete personal data

Provisions in this category affirm workers’ authority to remove certain data, particularly information that is outdated, incorrect, or collected through monitoring technologies.

Examples:

• “All [wearable] Data must be destroyed or permanently deleted in the event a Player requests to have such Data destroyed or deleted, in which case a Player may request a copy of his data prior to its destruction or deletion.” (MLBPA-PCBA6) 
• Unless otherwise agreed, the network or any authorized entity recording audio from microphones must: (i) provide the Employer with all audio captured from game-worn microphones featuring a Player’s voice or remarks about a Player not used in the broadcast; and (ii) delete all such audio files (including backups) on-site, certifying the deletion in writing to senior representatives at the Employer and the Union. (MLBPA-PCBA6)
• “In the event a Letter of Reprimand is ruled by an appropriate authority to have been unjustly issued, the Letter of Reprimand and related documents shall be removed immediately and destroyed. Any reference to a Letter of Reprimand which has been expunged from the [electronic personnel file] must be removed from any other record.” (NATCA-OPM100)
• “Records of charges placed in the [electronic personnel file] and subsequently determined to be unfounded will be removed. Such charges will not be considered a factor in connection with any future personnel actions. Any adverse material removed from the employee’s [electronic personnel file] will be returned to the employee for final disposition by the employee.” (AFGE-OPM123)
• “The Company will cover the cost of a service to assist in the removal of an employee’s contact information (e.g., “DeleteMe”) from the records of data brokers for each employee who opts in to such service. The Company will have no obligation to cover the cost on behalf of an employee who does not choose to opt in.” (WGAE-PCBA76)

Accountability and recourse

These clauses ensure that workers have enforceable remedies when data is mishandled, misused, or recorded without proper notice or verification.

Examples:

• “Other than records that are exempt, any record that has not been disclosed to an employee on a timely basis and placed in any file authorized by law, government wide regulations and this contract, cannot be used in either a disciplinary or adverse action or performance-based actions.” (AFGE-OPM72)
• “Any dispute over the propriety of the placement of the record into the folder or the contents of the record will be subject to the grievance and arbitration provisions of this contract.” (PAACE-OPM25)
• “Each time that an employee finds a discrepancy in their [electronic personnel file], he/she may bring it to the attention of [HR] for investigation and correction. The employee may provide available documentation to support the discrepancy claim.… In the event that [HR] disagrees with the employee’s contention that the [electronic personnel file] is incorrect, the employee shall be notified of such disagreement in writing. The employee has a right to grieve this matter pursuant to [Grievance procedures]” (AFGE-OLMS77)
• “In a proceeding brought by the Players Association under the procedures set forth in [the Grievance procedure], the Grievance Arbitrator will have authority to impose a fine of up to $250,000 on any Team shown to have violated this provision [on wearables].” (NBPA-OLMS1)

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