DHS aims to keep more about security clearance applications secret

The Homeland Security Department is proposing to scale back what information can be viewed by clearance applicants under the 1974 Privacy Act, saying the investigative techniques of its Office of Security are jeopardized when documents are made available.

In a recent proposed rule published in the Federal Register, DHS stated that it is seeking to exempt parts of its Office of Security File System from the privacy law. The file system will be used beginning Oct. 12 and will contain documentation of background reviews for clearances and espionage investigations, DHS said in a separately published notice.

Currently, the Privacy Act allows applicants too broad of a view into security clearance background investigations, DHS argued in its rule proposal. The file system "contains records pertaining to numerous categories of individuals including DHS personnel who may be a subject of a counterterrorism or counterespionage or law enforcement investigation," the proposal said, along with "classified homeland security information."

DHS Chief Privacy Officer Hugo Teufel, who wrote the proposal, declined to comment when approached by a Government Executive reporter Wednesday. Department press officials did not elaborate on the proposal beyond what was published Sept. 12 in the Federal Register.

Aside from providing too much information about its background checks, DHS also said in its proposal that under current regulations, "disclosures could alert the subject of an investigation into [a] criminal, civil or regulatory violation, to the existence of the investigation, which in some cases may be classified."

DHS would not be the first department or agency to get a partial exemption from the Privacy Act, according to the proposal.

"The exemptions proposed here are standard law enforcement and national security exemptions exercised by a large number of federal law enforcement and intelligence agencies," the proposal stated. DHS noted that the file system is used in collaboration with national security agencies.

The Information Technology Association of America, which has in the past criticized elements of the security clearance process, said it could not offer a "position on this at this time."

DHS will be accepting feedback on the proposal until Oct. 12. Comments should be submitted using docket number DHS-2006-0027 and can be sent through Regulations.gov, or by mail to:
Marc E. Frey, Senior Adviser, Office of Security
245 Murray Lane, SW, Building 410
Washington, DC 20528