Case No. VFA-0412, 27 DOE ¶ 80,141

* The original of this document contains information which is subject to withholding from disclosure under 5 U.S.C. 552. Such material has been deleted from this copy and replaced with XXXXXXX’s.

May 26, 1998

DECISION AND ORDER

OF THE DEPARTMENT OF ENERGY

Appeal

Name of Petitioner: Andrew Lee Fuller

Date of Filing: April 27, 1998

Case Number: VFA-0412

On April 27, 1998, Andrew Lee Fuller filed an Appeal from a March 24, 1998 determination of the Privacy Act Officer of the Office of Public Affairs of the Department of Energy’s (DOE) Albuquerque Operations Office (Privacy Act Officer). The Privacy Act Officer issued that determination in response to Mr. Fuller’s request for information filed under the Privacy Act, 5 U.S.C. § 552a, as implemented by the DOE in 10 C.F.R. Part 1008. The Appeal, if granted, would require the DOE’s Albuquerque Operations Office to release the requested information.

Background

Mr. Fuller filed a request under the Privacy Act in which he sought copies of his complete personnel security file XXXXXXXXXXXXXXXXXX. He also requested all “background investigation documents,” and all correspondence between DOE headquarters or DOE Albuquerque offices and the DOE Personnel Security Division. On February 11, 1998, the Privacy Act Officer provided 85 responsive documents XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXX Following these recommendations, the Privacy Act Officer requested that Mr. Fuller XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX Mr. Fuller. Since Mr. Fuller did not provide XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX the Privacy Act Officer denied this portion of Mr. Fuller’s request. Mr. Fuller contends that the DOE cannot withhold any information it considered in making a determination regarding DOE clearance

issues.

Analysis

The Privacy Act requires, inter alia, that each federal agency permit an individual to gain access to information pertaining to him contained in any system of records the agency maintained. 5 U.S.C. § 552a(d). DOE regulations define a system of records as “a group of any records under DOE control from which information can be retrieved by using the name of the individual or by some identifying number, symbol, or other identifying particulars assigned to the individual.” 10 C.F.R. § 1008.2(m). Pursuant to the authority granted in XXXXXXXXXXXXXXXXXXXXX, the DOE regulations state that if a Privacy XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX XXXX the Privacy Act Officer may ask the individual XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX XXXXXXXX.

Since the personnel security file XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX allows retrieval of information using the name of the individual, we find that it is a system of records pursuant to the Privacy Act. Also, we have confirmed that the appropriate DOE XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX. See May 15, 1998 and May 18, 1998 Fax Transmissions from Jim Snyder, Albuquerque Operations Office, to Len Tao, Attorney, Office of Hearings and Appeals. Since Mr. Fuller failed to respond to the Privacy Act Officer’s XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX the DOE had sufficient grounds to deny Mr. Fuller’s request XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX Accordingly, we must deny Mr. Fuller’s appeal.

It Is Therefore Ordered That:

(1) The Appeal filed by Andrew Lee Fuller on April 27, 1998, Case Number VFA-0412, is hereby denied.

(2) This is a final Order of the Department of Energy from which any aggrieved party may seek judicial review pursuant to the provisions of 5 U.S.C. § 552a(g)(1)(B), (g)(5). Judicial review may be sought in the district in which the requester resides or has a principal place of business, or in which the agency records are situated, or in the District of Columbia.

George B. Breznay

Director

Office of Hearings and Appeals

Date: May 26, 1998