When you submit an SF-86, e-QIP, or e-App, you are providing the federal government with a digital roadmap of your personal life. Understanding the legal shield provided by the Privacy Act of 1974 is essential for any cleared professional or applicant.
Core Protections under the Privacy Act
The Privacy Act of 1974 regulates how federal agencies—such as the Defense Counterintelligence and Security Agency (DCSA) and the Office of Personnel Management (OPM)—handle your data.
No Disclosure Without Consent: Generally, an agency cannot disclose your records to any person or another agency without your written consent.
Accounting of Disclosures: Agencies must keep a track of to whom your data was disclosed and for what purpose.
Right of Access: You have the legal right to request a copy of your own investigative file to ensure its accuracy.
NISPOM and Contractor Data
For those working in the private sector on defense contracts, the National Industrial Security Program Operating Manual (NISPOM) provides additional layers of protection. NISPOM ensures that your employer (the contractor) handles your clearance data with the same level of confidentiality as the federal government.
How to Request Your Investigative File
If you have been issued a Statement of Reasons (SOR) or simply want to review your file for accuracy, you can submit a Privacy Act Request.
Identify the Lead Agency: Most background investigations are held by the DCSA.
Submit a Written Request: You must provide your full name, SSN, date of birth, and a notarized signature to verify your identity.
Review for Errors: Once received, we recommend reviewing the file with a security clearance attorney to identify any "discrepancies" that could trigger a future revocation.
Find out if local police can see your records.
If an applicant wants to obtain a copy of their security clearance background investigation, they need to submit a Privacy Act request. In cases of security clearance denial or revocation, individuals can reach out to the Security Clearance Professionals at (904)884-5891, asya@securityclearancepro.com, or www.securityclearance.com for a free consultation.