10 C.F.R. § 709.26 How does DOE protect the confidentiality of polygraph examination records?
Title 10 - Energy
(a) DOE owns all polygraph examination records and reports. (b) Except as provided in paragraph (c) of this section, the Office of Counterintelligence maintains all polygraph examination records and reports in a system of records established under the Privacy Act of 1974, 5 U.S.C. 552a. (c) The Office of Intelligence also may maintain polygraph examination reports generated with respect to individuals identified in §709.4(a)(2) in a system of records established under the Privacy Act. (d) Polygraph examination records and reports used to make AAAP determinations or generated as a result of an exculpatory personnel security polygraph examination are maintained in a system of records established under the Privacy Act of 1974. (e) DOE must afford the full privacy protection provided by law to information regarding an employee's refusal to take a polygraph examination. (f) With the exception of the polygraph report, all other polygraph examination records are destroyed ninety days after the eligibility evaluation is completed, provided that a favorable recommendation has been made to grant or continue the access to the position. If a recommendation is made to deny or revoke access to the information or involvement in the activities that justified conducting the polygraph examination, then all the records are retained at least until the final resolution of any request for reconsideration by the individual or the completion of any ongoing investigation.
Title 10: Energy
PART 709—POLYGRAPH EXAMINATION REGULATIONS
Subpart C—Safeguarding Privacy and Employee Rights
§ 709.26 How does DOE protect the confidentiality of polygraph examination records?
