DHS/ALL-038 Insider Threat Program

This is a comment on the proposed Privacy Act exemptions for the Department of Homeland Security Insider Threat Program (Docket ID DHS-2015-0050). I recommend that the proposed rule be modified to affirm that information which is otherwise exempted will nevertheless be provided to an employee, at least in summary or paraphrase, whenever adverse action is taken against the employee on the basis of that information. The rationale for this recommendation is that no one should be penalized on the basis of secret evidence that is unverified and that may be incorrect. Aside from actual insider threats, innocent individuals can be the object of derogatory reports based on error, misunderstanding, or personal animus. Employees facing demotion or dismissal should be allowed to challenge allegations against them as a matter of due process. The proposed rule itself notes that "the accuracy of information obtained or introduced occasionally may be unclear." If such information is used to justify an adverse personnel action, an opportunity to rebut it must be provided. Even if particular details must be withheld to protect confidential sources, the substance of the allegation should be made available to the affected employee. Thank you for considering my comment. Steven Aftergood Federation of American Scientists