Summary
A 70-year-old senior principal engineering fellow was denied a security clearance under Guideline K (Handling Protected Information) due to a pattern of inadvertent security violations. The judge found that the applicant repeatedly mishandled classified information, including transmitting classified data over unclassified networks and failing to report security incidents.
Disqualifying conditions cited included AG ¶ 34(a), (b), (c), (g), and (h). While mitigating conditions AG ¶ 35(a), (b), (c), and (d) were applied, they were insufficient to overcome the concerns.
The denial was based on the applicant's demonstrated negligence in handling classified information over many years, despite receiving training. This pattern of violations and failure to report incidents raised significant doubts about his trustworthiness and reliability, leading to the denial of his security clearance.
Why the Applicant Was Denied
- The applicant had a pattern of inadvertent security violations over many years, raising doubts about his trustworthiness.
- He failed to report security incidents, which could have led to compromise of classified information.
- The applicant's actions demonstrated negligence in handling classified information despite receiving training and briefings.
Conditions Referenced
- AG ¶ 34(a)appliedDeliberate or Negligent Disclosure of Protected Information
- AG ¶ 34(b)appliedCollecting or Storing Protected Information in Any Unauthorized Location
- AG ¶ 34(c)appliedLoading, Drafting, Editing, Modifying, Storing, Transmitting, or Otherwise Handling Protected Information on Unauthorized Equipment
- AG ¶ 34(g)appliedFailure to Comply with Rules for the Protection of Classified or Sensitive Information
- AG ¶ 34(h)appliedNegligence or Lax Security Practices That Persist Despite Counseling by Management
- AG ¶ 35(a)rejectedBehavior Happened Infrequently or Under Unusual Circumstances
- AG ¶ 35(b)rejectedResponded Favorably to Counseling or Remedial Security Training
- AG ¶ 35(c)rejectedSecurity Violations Were Due to Improper or Inadequate Training or Unclear Instructions
- AG ¶ 35(d)rejectedViolation Was Inadvertent, Promptly Reported, and Does Not Suggest a Pattern
Key Rule Quoted
“A person who seeks access to classified information enters into a fiduciary relationship with the Government predicated upon trust and confidence.”
Procedural Posture
- SOR issuedJan 19, 2018
- Answer filedJan 22, 2018
- Hearing heldSep 18, 2018
- Decision dateDec 11, 2018
Cite For
- Pattern of Inadvertent Security Violations Under Guideline K
- Failure to Report Security Incidents
- Negligence in Handling Classified Information Despite Training and Briefings