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FIA-14-0005 - In the Matter of Vicki Locklair

On February 6, 2014, the Department of Energy’s (DOE) Office of Hearings and Appeals (OHA) granted in part a Privacy Act Appeal filed by Vicki Locklair (Appellant) of a determination issued by the Office of the Chief Information Office (CIO).  In her request, the Appellant asked for a copy of her personnel security folder.  CIO released 136 documents to the Appellant.  In her Appeal, the Appellant claimed that she did not receive a DVD copy of her 2013 security interview, a DVD or cassette and video copy of her two 2006 security interviews, a DVD or cassette and video of her 2006 Accelerated Access Authorization Program (AAAP) psychological evaluation, and her 2006 AAAP Minnesota Multi-Phasic Inventory (MMPI) test results.  After contacting CIO, OHA determined that a DVD copy of the 2013 security interview existed in her folder at the time of her request along with cassette copies of her two 2006 security interviews.  CIO sent these items for transcription after the date of the request.  We found that because the electronic versions existed in her security folder at the time of the request, they should have been released to the Appellant.  Therefore, we remanded the matter to CIO for these items.  As to the 2006 psychological evaluation and MMPI results, the Appellant was provided with what was in her personnel security folder at the time of the request.  Therefore, OHA granted the Appeal as to the 2013 security interview and two 2006 security interviews and denied the remainder of the Appeal.