Letter from a Concerned Former Employee:

Dear Attorney,

I hope this letter finds you well. I am writing to seek your professional guidance regarding a matter related to my previous employment. Specifically, I would like to know whether former employees in the Philippines have a legal right to request a copy of their past performance evaluations or ratings from their former employer. During my tenure, I believe I performed my duties diligently, but I never received a formal written performance evaluation at the time. Now that I am pursuing new opportunities, it would be beneficial to have some official documentation or confirmation of how I was evaluated in my previous role. However, I am uncertain about the legal framework governing such requests, including data privacy considerations, contractual obligations, and the employer’s possible duty to maintain and disclose such records.

I would greatly appreciate your insight into whether Philippine law provides any statutory or jurisprudential support for a former employee’s right to access their past performance evaluations. Are there any legal mechanisms I could rely upon to request that information, and are there particular conditions or limitations I should be aware of? If it is not an absolute right, under what circumstances might an employer be obliged to furnish such documentation?

Thank you very much for your time and expertise. I look forward to your thoughtful analysis and guidance.

Sincerely,
A Concerned Former Employee

Comprehensive Legal Analysis on the Right of Former Employees to Request Performance Evaluations Under Philippine Law

I. Introduction
In the Philippine labor landscape, questions often arise concerning the rights of former employees to access employment-related records, including performance evaluations, service records, and other personal data maintained by their former employers. This issue intersects several important areas of law and policy, namely: (1) statutory provisions under the Labor Code of the Philippines and related issuances; (2) data privacy rights and obligations under the Data Privacy Act (DPA) of 2012 and its Implementing Rules and Regulations (IRRs); (3) best practices and standards in human resource management as influenced by administrative regulations from the Department of Labor and Employment (DOLE); (4) general principles of civil law relating to the employer-employee relationship and contractual obligations; and (5) pertinent jurisprudence or case law that may shed light on the extent to which a former employee can compel their previous employer to divulge employment records.

This legal analysis intends to provide a meticulous and comprehensive examination of the governing framework and relevant considerations. It will explore whether there is a clear-cut legal right for a former employee to request and obtain a performance rating or evaluation from their previous employer and, if not, what the practical and legal avenues might be for attempting to secure such documentation. The article also covers potential defenses by employers, limitations and exceptions, and prudent approaches for both parties.

II. The Nature of Performance Evaluations and Their Status as Employee Records
Performance evaluations—sometimes referred to as performance appraisals, performance reviews, or merit ratings—are internal documents created by employers to assess the work quality, productivity, efficiency, attendance, conduct, and overall contribution of their employees. Typically, these evaluations are conducted periodically (e.g., annually, semi-annually, or quarterly), and they often form the basis for decisions on promotions, salary adjustments, bonuses, training opportunities, disciplinary actions, or even termination.

An important threshold question is whether such performance evaluations constitute part of the “employee records” to which a current or former employee may have access. Although not explicitly defined in the Labor Code, employee records usually encompass data such as personal information, employment history, payroll records, and documents used as the basis for personnel actions. Performance evaluations, being integral to employment decisions, may be considered part of these records. However, Philippine law does not expressly define a statutory entitlement granting former employees unconditional access to these evaluations.

III. The Labor Code of the Philippines and Related Regulations
The Labor Code (Presidential Decree No. 442, as amended) does not expressly provide a mechanism for a former employee to demand and obtain a copy of their past performance evaluation. While the Code offers general protections, including the right to security of tenure, payment of just wages, proper working conditions, and other fundamental labor standards, it does not specify a direct right to access internal records like performance evaluations once the employment relationship has ended.

DOLE regulations and issuances largely focus on compliance with labor standards, record-keeping related to wages, hours of work, and occupational safety and health. For instance, the employer is required to keep certain employment records to ensure compliance with minimum wage laws, overtime pay, and social benefits. However, these regulations do not impose a direct obligation on employers to release performance evaluations to former employees on demand. They primarily serve regulatory and enforcement purposes rather than creating a direct employee access right.

IV. Contractual Obligations and Company Policies
In the absence of statutory rights, the next potential source of a former employee’s right to access performance evaluations would be contractual obligations or internal company policies. Employment contracts, employee handbooks, or company policies on performance management may contain provisions about how and when performance results are communicated to employees. In many well-structured organizations, employees receive their performance appraisals regularly, often accompanied by formal documentation. Sometimes, the employer reserves the right to keep certain evaluations confidential, while in other cases, employees are given a copy of their appraisal forms.

Should a former employee’s contract or a policy clearly state that employees have the right to receive a copy of their evaluations, the former employee could rely on that contractual provision even after the termination of employment. However, in practice, most employment agreements do not explicitly guarantee such a post-employment right. Without a clear contractual stipulation, it becomes challenging to assert a legal claim under Philippine contract law for the release of past performance evaluations.

V. The Data Privacy Act of 2012 and Its Relevance
Republic Act No. 10173, or the Data Privacy Act of 2012 (DPA), and its IRRs, may provide a more promising avenue. The DPA grants data subjects (in this case, the employee) certain rights over their personal information. These rights include:

Right to be Informed – The data subject has the right to be informed about the collection and processing of their personal data.
Right to Access – The data subject has the right to access their personal data held by an organization.
Right to Correction – The data subject can request that errors or inaccuracies in their personal data be corrected.
Right to Erasure or Blocking – Under certain conditions, the data subject may request the deletion or blocking of their personal data.

Performance evaluations often contain personal data relating to the employee’s performance, work habits, and other metrics. If the performance evaluation meets the definition of “personal information,” “sensitive personal information,” or “privileged information” under the DPA, the former employee, as a data subject, might invoke their right to access. The employer, now acting as a personal information controller (PIC), would generally be required to comply with legitimate access requests subject to certain conditions and limitations.

However, the right of access under the DPA is not absolute. Employers may deny or limit access if:

The request is vexatious or unreasonable.
Granting access would violate another person’s rights or legitimate interests.
The data is protected by legal privilege or is otherwise exempted under relevant laws.
The performance evaluation also contains confidential business information or the evaluator’s own personal opinions that are not purely factual data about the employee.

Additionally, the National Privacy Commission (NPC), which enforces the DPA, has not yet released specific guidelines on performance evaluations, but its general advisories suggest that employee data is covered by the law. Thus, a properly framed request under the DPA, asserting the right to access personal data related to performance evaluations, might compel a former employer to provide at least the portions of the evaluation that contain factual personal data about the former employee. The employer could redact confidential or proprietary information or information pertaining to other employees.

VI. Balancing Interests: Employer Confidentiality vs. Employee Rights
Employers often argue that performance evaluations are internal managerial tools meant for decision-making and are proprietary or confidential. They may be concerned that disclosing evaluations, especially after employment ends, could invite disputes, reveal internal assessment criteria, or even breach confidentiality obligations. It is essential to note that while employers have a legitimate interest in preserving certain aspects of their evaluation process, they must also respect the individual’s rights under applicable laws, including the DPA.

If a former employee files a complaint with the NPC alleging that a former employer unlawfully withheld personal data, the NPC may order the employer to disclose the data if it determines that the data subject’s right to access overrides the employer’s interest in confidentiality. Employers should maintain robust data governance policies that delineate what employee-related information may be disclosed, under what conditions, and how to handle such requests in compliance with the DPA.

VII. Jurisprudence and Legal Precedents
At present, there is no well-established body of Philippine Supreme Court jurisprudence specifically addressing a former employee’s right to demand performance evaluations from a past employer. Cases that touch on similar issues generally revolve around the right of employees to receive certificates of employment, the right of employees to certain employment records needed for claims (such as back pay or unpaid wages), or issues related to data privacy in other contexts. The absence of direct jurisprudence leaves a gap that must be bridged by applying principles of labor law, contract law, and data privacy law by analogy.

In the absence of a landmark case, legal practitioners often rely on the DPA’s general provisions and the potential for NPC involvement. If a former employee is adamant about obtaining their performance evaluations, they may consider filing a request directly with the former employer, citing their rights as a data subject under the DPA. Should the employer refuse, the next step would be to elevate the matter to the NPC, which has the authority to investigate and, if warranted, order the disclosure of the requested personal data.

VIII. Practical Considerations and Recommendations
For Former Employees:

Check Your Employment Contract and Company Policies: Determine if there were any provisions granting employees the right to copies of their performance evaluations upon request.
Make a Formal Request in Writing: If no policy exists, a former employee may still send a polite, written request to the former employer’s Human Resources department, specifically citing the DPA and requesting the evaluation as personal data to which they have a right of access.
Focus on Factual, Personal Data: Emphasize that you are requesting data about your performance metrics, attendance records, and factual assessments rather than confidential business processes.
File a Complaint with the NPC if Necessary: If the employer refuses or ignores your request, consider lodging a complaint with the National Privacy Commission, which may mediate or order compliance.

For Employers:

Establish Clear Policies: Employers should have clear policies that define how performance evaluations are documented, stored, and disclosed.
Adhere to Data Privacy Principles: Ensure compliance with the Data Privacy Act by treating performance evaluations as personal data subject to access rights. Redact any third-party information or confidential business strategies before disclosure.
Educate HR Staff and Managers: Train personnel on how to handle requests from former employees and the process of verifying identities and legitimate interests in accessing such records.
Maintain Accurate Records: Proper documentation and storage of performance evaluations can help in promptly responding to legitimate requests and defending the employer’s position before administrative bodies if disputes arise.

IX. Limitations and Exceptions
Even if a data subject can invoke their DPA rights, several limitations or exceptions may apply. For example, if the performance evaluation contains trade secrets, proprietary methods, or other sensitive company information not directly related to the employee’s performance as personal data, the employer may have grounds to withhold or redact those portions. Additionally, if the request is made years after employment termination and the records have been lawfully destroyed or archived beyond retention periods set forth by company policy or lawful destruction schedules, the employer may no longer have the documents available.

X. Potential Future Developments
As data privacy law and labor law continue to evolve in the Philippines, it is conceivable that more explicit guidelines or jurisprudence will emerge. The National Privacy Commission may issue opinions or circulars clarifying the extent of a former employee’s right of access to performance evaluations, and judicial rulings may set precedents that either affirm or limit such rights. Observing trends in data protection enforcement, there is a global movement toward recognizing employees’ rights over personal data, and this could influence Philippine policy and case law in the coming years.

XI. Conclusion
Under current Philippine law, no explicit statutory provision categorically grants former employees the absolute right to obtain copies of their past performance evaluations. The Labor Code and related regulations do not mandate employers to furnish these evaluations post-employment. In the absence of a direct legal obligation, former employees must look to contractual provisions, company policies, and, most notably, their data subject rights under the Data Privacy Act.

The DPA, though not designed solely for employment-related issues, offers a potential route for former employees to access their personal data contained in performance evaluations. Employers, acting as personal information controllers, must balance their confidentiality interests with the legitimate rights of data subjects to access and verify their data. The NPC could serve as an adjudicator if the employer unjustifiably refuses to disclose data.

Given these complexities, both employers and employees should approach the matter with caution. Former employees seeking their evaluations should rely on well-crafted, lawful requests under the DPA, while employers should maintain compliance with data protection principles to avoid disputes. Until further guidance from the legislature, the NPC, or the courts clarifies this area, the interplay between data privacy law and employment practices remains the key legal framework within which any such requests must be evaluated.