GovernmentExecutive.com

A data-gathering organization filed suit Monday against the Office of Personnel Management, claiming the agency illegally withheld records on more than 900,000 federal employees in 250 agencies.

The Transactional Records Access Clearinghouse -- a Syracuse University-based organization that compiles data on federal staffing, spending and law enforcement -- claimed in its lawsuit that OPM violated the Freedom of Information Act by not disclosing requested information. TRAC sells the data it compiles, primarily to academic and media organizations.

TRAC said the problem arose in October 2004 when it asked OPM for the names and work locations of all federal employees for the second quarter of 2004. The organization said it had requested this information regularly since 1989, but this time OPM declined to provide it.

In response to the inquiry, Gary Lukowski, OPM's chief of the Workforce Information and Planning Group, told TRAC co-director Susan Long that OPM was "conducting a review of the policy on disclosure of individual employee records."

"Secret governors are incompatible with a free government," Long and fellow TRAC co-director David Burnham responded in a Feb. 2 letter to OPM. "Basic information about the employees who carry out the day-to-day actions of government is critical for meaningful public oversight."

TRAC said that on April 15, OPM finally released some of the requested details, but only for about 60 percent of employees. OPM excluded information about Defense Department, Environmental Protection Agency and Occupational Safety and Health Administration workers, among others.

OPM spokesman Mike Orenstein said Wednesday that the agency is aware of TRAC's lawsuit, but does not yet have any details.

"We understand that an action has been filed against OPM by TRAC, but we haven't yet seen it so we have no comment at this time," Orenstein said.

Government Executive reported in April 2004 that Defense Undersecretary for Personnel and Readiness David Chu had asked OPM to stop releasing names, addresses and related information about Defense employees.

OPM also began clearing requests for general statistics through Defense, a process that has caused backlogs and delays and slowed responses to Freedom of Information Act requests, an OPM official told Government Executive at the time.

The Pentagon said the policy was adopted to protect employees from terrorist attacks.

Congress first authorized a register of federal employee information in 1816. The first employee recorded was President James Madison.

TRAC filed the lawsuit in the U.S. District Court for the Northern District of New York, where Syracuse University is located. Attorney Adina Rosenbaum of Public Citizen, a nonprofit consumer advocacy organization, is representing TRAC in the case.

COMMENTS

• Folks, It is time to climb out from under the bed and to face the boogey monster head on. According to this article: The Transactional Records Access Clearinghouse -- a Syracuse University-based organization that compiles data on federal staffing, spending and law enforcement -- claimed in its lawsuit that OPM violated the Freedom of Information Act by not disclosing requested information. TRAC sells the data it compiles, primarily to academic and media organizations. I'm more concerned that the government is interested in suppressing information and not respecting the Freedom of Information Act and refusing to operate the government in the sunshine, than I am that TRAC gets the fact I work for the government and sells it to the Washington Post . Let's stop thinking that terrorists are going to buy that information and take out 1.8 million federal employees. Such thoughts lead to insanity and I'm afraid that Americans are spiraling down into a psychosis brought on by this constant fear-mongering by the U.S. government. We are still the Land of the Free and the Home of the Brave-- time to stand up and be free and brave. If you told me that a president from Texas would make Americans afraid of their own shadow, I would think you were crazy. Where is a real Texas President like Lyndon Johnson when you need someone to put some spine in America. GovExec.com reader Posted December 13, 2005 8:16 AM
• In today's world of identity theft, this is an outrage! Corporations are required to submit similar information regarding their top officials, so the government should not be held to any higher requirement. Anyone holding a non-supervisory, support level position should have the option to opt out of this for profit collection of information. Under Privacy Act, we are not allowed to give out this same information to unauthorized personnel. So who gave the information collectors authorization to have access to my personal information? I am not upper level management. Therefore, I feel that it is unconstitutional for anyone to distribute my personal information without my express consent! Jessica E. Harms Posted December 13, 2005 8:55 AM
• I, too, resent the release of my name and workplace to an outside organization. As far as I'm concerned nobody other than the organization I work for has a need for this information. Why should this information be given to an outside organization that makes a profit from it? What is to keep the Transactional Records Access Clearinghouse (TRAC) from selling this information to the highest bidder? As far as to sue OPM, this is asinine. The people who should sue are the government workers for the release of private information. Who does TRAC think it is using free information to make a profit from selling it? TRAC does not have a right to this private information, the gravy train has ended. The bottom line: This is clearly an invasion of privacy. As an American, I demand this information be withheld and my privacy protected. GovExec.com reader Posted December 12, 2005 10:50 AM