9297.1 CIO GSA Data Release Policy

  • Posted Date: 03/18/2015
  • Status: Validated
  • Outdated on: 03/18/2022

GENERAL SERVICES ADMINISTRATION 

              Washington, DC  20405

 

CIO 9297.1

March 18, 2015

 

GSA ORDER

 

SUBJECT:  GSA Data Release Policy

1.   Purpose.  This Order provides GSA’s policy on releasing information relating to GSA employees, contractors, and others on whom GSA maintains information described in this document.

2.   Cancellation.  HCO-9297.1 GSA Data Release Policy, dated April 2, 2008, is cancelled.

3.   Background.   Under this Order, GSA continues to comply with the Freedom of Information Act (FOIA) and the Privacy Act, which require a balance between the public’s right of access to Federal Government documents and the privacy rights of Federal employees, contractors, and others associated with the Federal Government, whose records are maintained by Federal agencies.

4.   Applicability.  This Order applies to all GSA employees and others whose official duties include releasing information to the public such as through FOIA or other official requests and who collect, maintain, use, manage, or come in contact with personally identifiable or sensitive information owned by GSA.  

This Order applies to the Office of Inspector General (OIG) only to the extent that the OIG determines that the Order is consistent with the OIG’s independent authority under the IG Act and it does not conflict with other OIG policies or the OIG mission.

This Order applies to the Civilian Board of Contract Appeals (CBCA) only to the extent that the CBCA determines that the Order is consistent with the CBCA’s independent authority under the Contract Disputes Act and applicable regulations and court decisions.

5.   References.  The following informational material is relevant to this topic:  

      a.   Privacy Act of 1974, as amended: http://www.justice.gov/opcl/privacy-act-1974.

      b.   Freedom of Information Act (FOIA):  http://www.justice.gov/oip/blog/foia-update-freedom-information-act-5-usc-sect-552-amended-public-law-no-104-231-110-stat.   

      c.   OPM Regulations on Personnel Records, 5. C.F.R. Part 293, generally; and Sec. 293.311, specifically (http://www.gpo.gov/fdsys/pkg/CFR-2012-title5-vol1/pdf/CFR-2012-title5-vol1-part293.pdf).

6.   Data associated with the name of an individual.

      a.   Releasable information.  The following information may be released to the public at the individual record level for most individuals.  GSA’s data release policy is applied when responding to FOIA and other requests for individual level data en masse:

            (1)  Name;

            (2)  Present and past position titles and occupational series;

            (3)  Present and past grades;

            (4)  Present and past annual salary rates (including performance awards or bonuses, incentive awards, merit pay amount, Meritorious or Distinguished Executive Ranks, and allowances and differentials). Performance awards or bonuses may be withheld when their disclosure would enable the requester to deduce an individual’s performance appraisal;

            (5)  Present and past duty stations (includes room numbers, shop designations,

or other identifying information regarding buildings or places of employment); and

            (6)  Position descriptions, identification of job elements, and those performance standards (but not actual performance appraisals) that the release of which would not interfere with law enforcement programs or severely inhibit agency effectiveness. Performance elements and standards (or work expectations) may be withheld when they are so intertwined with performance appraisals that their disclosure would reveal an individual’s performance appraisal.

      b.   The office or agency will generally not disclose information where the data sought is a list of names, present or past position titles, grades, salaries, performance standards, and/or duty stations of Federal employees which, as determined by the official responsible for custody of the information:

            (1)  Is selected in such a way that would reveal more about the employee on whom information is sought than the six enumerated items, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy; or

            (2)  Would otherwise be protected from mandatory disclosure under an exemption of the FOIA.

      c.   In addition to the information described in paragraph (a) of this section, a Government employee may provide other information from these records (or automated equivalents) of an employee, to others outside of the agency, under a summons, warrant, subpoena, or other legal process; as provided by the Privacy Act (5 U.S.C. 552a(b)(4) through (b)(11)), under those Privacy Act routine uses promulgated by the Office, and as required by the FOIA.

      d.   Non-releasable information.  The following information may not be released to the public or persons other than the employee, except when required by law (e.g., court order).  Release of information is handled on a case by case basis to determine if the information must be released.  Individuals should consult with supervisors and the Office of General Counsel if there are any questions regarding whether information should be released.  This restriction does not include employees of the agency who have a need for this information in the performance of their duties:

            (1)    Social Security Number (SSN)

            (2)    Date of birth

            (3)    Disability status

            (4)    Race

            (5)    National origin

            (6)    Sex

            (7)    United States citizenship status

            (8)    Annuitant status

            (9)    Federal Employees Health Benefits Program data

            (10) Federal Employees Life Insurance data

            (11) Federal Employees Retirement System coverage

            (12) Federal Civil Service Retirement System service

            (13) Retirement plan

            (14) Veterans’ preference

            (15) Educational level

            (16) Instructional program

            (17) Year degree attained

            (18) Performance rating level

            (19) Creditable military service

            (20) Current appointment authority (law, executive order, rule, regulation, or other basis that authorizes the employee’s most recent conversion or accession action).

            (21) Legal authority (the law, executive order, rule, regulation, or other basis that authorizes the appointing officer to effect a personnel action on an employee).

            (22) Previous retirement coverage

            (23) Dynamics category (accessions, separations, and terminations.  This category is a data element generated by analysts for internal OPM use to more succinctly categorize accessions and separations).

            (24) Award Justification

7.   Occupation based information. OPM has designated certain occupations as sensitive in nature.  Names and duty stations of individuals in those job series/occupations are not releasable to the public.  The names and duty stations of individuals in the following sensitive occupations may not be released, except when required by law (e.g., court order).  Release of information is handled on a case by case basis to determine if the information must be released.  Individuals should consult with supervisors and the Office of General Counsel if there are any questions regarding whether information should be released.  

      a.   1802, Compliance inspection and support

      b.   1801, General inspection, investigation, and compliance

      c.   1810, General investigating

      d.   0930, Hearings and Appeals Officer

      e.   1811, Criminal investigating

      f.    1899, Investigating Student Trainee

8.   Summary level data.  GSA periodically issues summary level reports and statistics relating to agency programs and activities.  Information in summary or aggregated form may not be released when an individual’s identity could be discerned from the information contained in the summaries/reports.

9.   Signature.

 

 

/S/____________________________________

SONNY HASHMI

Senior Agency Official for Privacy (SAOP)

Office of GSA IT

 

 

Last Reviewed: 2017-11-30