Tuesday, December 11, 2007

One person's advice

I received information from an individual who will be terminated for his refusal to submit to the background investigations required by JSC. I am very saddened that people's livelihoods will be threatened by this.

His advice:
May I suggest that you (and the others in your group) make Privacy Act requests for the security information NASA already has in your files, and that you also make Privacy Act requests for the information in the files resulting from the HSPD investigation [if you consent to it]. The HSPD request will have to be directed to the OPM but the requests for the existing records can be started at your local security office.

If you don't know, the relevant legal reference is Privacy Act (5 U.S.C. § 552a), paragraph (d) Access to record, which states: Each agency that maintains a system of records shall-- (1) upon request by any individual to gain access to his record or to any information pertaining to him which is contained in the system, permit him and upon his request, a person of his own choosing to accompany him, to review the record and have a copy made of all or any portion thereof in a form comprehensible to him, except that the agency may require the individual to furnish a
written statement authorizing discussion of that individual's record in the accompanying person's presence.

When you make the request, be sure to make it very clear that it is a Privacy Act request (and you can cite the specifics as above), not a Freedom of Information Act request.
Thanks for the advice.

Also, I want to point out another link with more details about the proceedings with the JPL court case here.

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