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DPCLO Guidance

Defense Privacy Board Advisory Opinions


If the information concerning an individual's security clearance is classified, it is protected from disclosure under the Privacy Act if the system of records has been exempted from access pursuant to 5 U.S.C. §552a(k)(1) and it may be protected from disclosure under the Freedom of Information Act (FOIA) exemption for classified information, 5 U.S.C. §552(b)(1). If the information is unclassified, the individual concerned will have access under the Privacy Act, but the determination as to disclosure to a third party who has submitted a FOIA request must be made under the FOIA, 5 U.S.C. § 552(b)(6). The determination would have to be made using the balancing test, balancing the public's right to know against the individual's right of privacy. See Department of the Air Force v. Rose, 425 U.S. 352, 96 S. Ct. 1592, 48 L. Ed. 2d 11 (1976).