Federal Investigative Services

Freedom Of Information/Privacy

The system of records we maintain contains investigative information regarding an individual's:

• Character, conduct, and behavior in the community

• Arrests and convictions

• Reports of interviews with the Subject of the investigation and with present and former supervisors, co-workers, associates, educators, etc.

• Reports about the qualifications of an individual for a specific position and correspondence relating to adjudication matters

• Reports of inquiries with law enforcement agencies, employers, educational institutions attended

• Other information developed from the above items

REQUESTS FOR ACCESS: Individuals requesting access to background investigations pertaining to them should submit a written request to: FOI/P, OPM-FIPC, PO Box 618, Boyers, PA 16018-0618.  The request should state that "the information is being requested pursuant to the Privacy Act of 1974." The requester is required to provide the following:

1. Full name, hand written signature, other names used, and home address

2. Social Security Number

3. Date and place of birth

ACCESS BY THE REPRESENTATIVE OF THE DATA SUBJECT: A record may be disclosed to a representative of the individual to whom the record pertains after receipt of a notarized written authorization from the individual who is the subject of the record.

AMENDMENT OF RECORDS: Individuals may request, in writing, that their records be updated to include additional/supplemental information. In order for us to process such a request, the individual is required to provide:

1. Full name, signature, and home address

2. Social Security Number

3. Date and place of birth

• The amendment request should include the following:

1. The precise identification of the records to be amended;

2. The identification of the specific material to be deleted, added, or changed; and

3. A statement of the reasons for the request, including all available material substantiating the request.

• Requests for amendment of records should include the words "PRIVACY ACT AMENDMENT REQUEST" in capital letters on both the envelope and at the top of the request letter.

• The burden of proof demonstrating the appropriateness of the requested amendment rests with the requester; and, the requester must provide relevant and convincing evidence in support of the request.

• The amendment procedures are not intended to allow a challenge to material that records an event that actually occurred nor are they designed to permit a collateral attack upon that which has been or could have been the subject of a judicial, quasi-judicial, or administrative proceeding. The amendment procedures are also not designed to change opinions in records pertaining to the individual.

SAFEGUARDING AND HANDLING INVESTIGATIVE FILES: Dissemination of files within an agency:

• Investigative files furnished to an agency may be disseminated to authorized agency officials as needed to make informed suitability and security determinations.

• Agency security officers are responsible for deciding, in light of the information in the file, the extent of dissemination and appropriate controls of the file.

• Investigative information should be handled in a manner that protects the privacy of individuals without compromising the capability of agency officials to make informed suitability and security determinations. The information upon which these decisions are based is highly personal and properly restricted to agency officials who have a need for it in performing their duties. However, there is no prohibition against sharing this information with agency management officials when necessary to accomplish the purpose for which it is intended.

PHYSICAL STORAGE: When not in use, personnel investigations must be stored in a combination locked-cabinet or safe, or in an equally secure area. Access to the cases should be limited only to the Security Officer and approved staff, who shall not have access to their own files. ADMINISTRATIVE DUE PROCESS AND PRIVACY ACT CONSIDERATIONS

• Agencies are responsible for ensuring the records used in making an adjudication are accurate, relevant, timely, and complete to the extent reasonably necessary to assure fairness to the individual in any determination.

• Agencies are responsible for complying with all applicable administrative due process requirements, as provided by law, rule, or regulation, when taking an unfavorable action based on information in an Office of Personnel Management case.

• The information developed in one of our investigations may be discussed with the Subject of the investigation; however, the identifiers of the investigating agencies, the Investigators, or Protected or Confidential Source must not be disclosed, and the information must not be discussed in a manner that would disclose their identities.

OTHER AGENCY REPORTS: Our investigative files may contain other agency reports; therefore, clearance will have to be obtained from the originating agency if needed to propose adverse action.

DISSEMINATION TO SUBJECT OF OPM CASE: The Subject may be provided with excerpts or summaries of the information contained in the case, but not with a copy of the case itself, when proposing adverse action. The agency may not release information that:

• Contains a defense classification (Top Secret, Secret, Confidential), even if the subject already has a clearance;

• Would reveal the identity of a source granted confidentiality;

• Is protected sensitive medical information as denoted at 5 CFR 297.205; or

• Is otherwise exempt from release by the Privacy Act.

• Contact us for a sanitized copy of the investigative file for use in an adverse action.

• Individuals requesting access to records maintained in our system pertaining to them should submit a written request pursuant to the Privacy Act of 1974 to: FOI/P, OPM-FIPC, PO Box 618, Boyers, PA 16018-0618.

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