FOI/P Program Overview
On October 1, 2019, as authorized by Executive Order 13869, the missions, records, and personnel of three Freedom of Information Act (FOIA) and Privacy Act offices consolidated, and the Defense Counterintelligence and Security Agency (DCSA) FOIA and Privacy Office was created. Working closely with the DCSA Senior Component Official for Privacy and the Office of General Counsel, the FOIA and Privacy Office is responsible for administering policies, programs and procedures ensuring compliance with 5 U.S.C. § 552, the Freedom of Information Act, and 5 U.S.C. § 552(a), the Privacy Act.
ORGANIZATIONAL STRUCTURE OF THE DCSA FOIA AND PRIVACY OFFICE
The Office is comprised of three components, each with its own responsibilities:
The DCSA FOIA and Privacy Office for Investigations is responsible for responding to FOIA and Privacy Act requests for background investigation records. Please refer to Requesting Background Investigation Records for information on making the following types of requests:
- Requests for completed background investigations or previously completed SF/e-QIP forms;
- Requests for background investigations relating to civil or criminal law enforcement activities, Counterintelligence or Counterterrorism investigations, legal proceedings, employee relations matters, etc.; and
- Agency security / suitability representatives seeking a releasable copy of a subject’s background investigation for a due process or adjudicative hearing may refer to the DCSA Personnel Vetting webpage that speaks about Requesting Releasable Copies (External Dissemination).
The DCSA FOIA and Privacy Office for Adjudications is responsible for responding to Privacy Act requests for Department of Defense, Consolidated Adjudications Facility (DoD CAF) adjudication records. Please refer to Requesting Adjudications Records for information on requesting security clearance eligibility and/or suitability determination records.
The DCSA FOIA and Privacy Headquarters Office is primarily responsible for responding to the following types of requests:
- Requests for DCSA affiliated human resources and/or hiring action records;
- Requests for DCSA Inspector General records; and
- Statements of work and contracts.
Refer to Amendment Requests for information on requesting the amendment, or correction, of a background investigation.
Refer to FOIA Requests for information on requesting DCSA records covered by the FOIA from each office component. Requests for agency records relating to the functions of the three components may be made directly to that office.
Requesters who wish to raise concerns about the service provided the Office may contact the DCSA FOIA Public Liaison by e-mailing: firstname.lastname@example.org. The Public Liaison can only address concerns about service provided, and not the status of an individual's FOIA or Privacy Act request.
The Privacy Act 1974-Title 5 of the United States Code, section 552a
The Privacy Act of 1974 (Act) regulates the collection, maintenance, use, and dissemination of personal information maintained in systems of records by Federal Executive Branch agencies. Generally speaking, the Act prohibits the disclosure of records contained in a system of records without the written consent of the individual on whom the records pertain, unless a condition of disclosure is met or the release is covered by a routine use of the SORN for the system.
The Office supports individual privacy rights in regards to the collection and re-dissemination of all information gathered during the investigative process. As mentioned above, DCSA maintains a record of all background investigations. Dissemination of DCSA background investigations are made in accordance with the Privacy Act of 1974 and Title 32, Code of Federal Regulations, Part 310.
DCSA integrates privacy into all activities by:
- Evaluating agency programs, systems, and initiatives for potential privacy impacts, and providing mitigation strategies to reduce the privacy impact;
- Conducting robust compliance and oversight programs to ensure adherence with federal privacy law and policy in all DCSA activities;
- Promoting privacy best practices and guidance to agency information sharing and intelligence activities;
- Operating an agency-wide Privacy Incident Response Program to ensure that incidents involving personally identifiable information are properly reported, investigated, and mitigated;
- Responding to complaints of privacy violations and providing redress, as appropriate; and,
- Training staff to sustain a culture of privacy across the organization.
Acceptable Identity Source Documents
When making a Privacy Act access request for your own records, or making a Privacy Act amendment request, photo copies of two identity source documents must be submitted. The documents provided by a requester must be the individual's own, must be current(not expired, nor canceled), and must bear the same name. Do not send original documents; send in only legible copies.
Acceptable identity source documents include the following:
- U.S. Social Security Card issued by the Social Security Administration
- U.S. Passport or a U.S. Passport Card
- Driver's license or an ID card issued by a state or possession of the United States provided it contains a photograph (Student ID Cards are not acceptable)
- U.S. Military ID card or CAC card
- U.S. Military dependent's ID card
- PIV Card
- Copy of a birth certificate issued by a state, county, municipal authority, possession, or outlying possession of the United States bearing an official seal
- Certification of Birth Abroad or Certification of Report of Birth issued by the Department of State (Form FS-545 or Form DS-1350)
- Voter registration card from the U.S.
- Permanent Resident Card or an Alien Registration Receipt Card (Form I-551)
- Certificate of U.S. Citizenship (Form N-560 or N-561)
- Certificate of Naturalization (Form N-550 or N-570)
- Employment authorization document issued by the Department of Homeland Security (such as: Form I-688A, Form I-688B or Form I-766)
- U.S. Citizen ID Card (Form I-197)