26. DISCLOSURE OF SECURITY CLEARANCE LEVEL
If the information concerning an individual's security clearance
is classified, it is protected from disclosure under the Privacy
Act if the system of records has been exempted from access pursuant
to 5 U.S.C. §552a(k)(1) and it may be protected from disclosure
under the Freedom of Information Act (FOIA) exemption for classified
information, 5 U.S.C. §552(b)(1). If the information is
unclassified, the individual concerned will have access under
the Privacy Act, but the determination as to disclosure to a third
party who has submitted a FOIA request must be made under the
FOIA, 5 U.S.C. § 552(b)(6). The determination would have
to be made using the balancing test, balancing the public's right
to know against the individual's right of privacy. See
Department of the Air Force v. Rose, 425 U.S. 352, 96 S.
Ct. 1592, 48 L. Ed. 2d 11 (1976).
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September 23, 1998
