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Guideline K: Handling Protected Information

Mishandling protected information, such as classified material or controlled documents.

Decided hearing cases

294

Grant rate

44%

129 granted · 165 denied

Specific issues and their outcomes

  • Failure to safeguard / secure

    40% granted · 63 granted · 95 denied

  • Information handling (unspecified)

    57% granted · 66 granted · 49 denied

  • Unauthorized disclosure

    30% granted · 23 granted · 54 denied

  • Removed classified to personal space

    54% granted · 20 granted · 17 denied

  • Cross domain violation

    37% granted · 10 granted · 17 denied

  • Improperly compiled / used protected info

    38% granted · 10 granted · 16 denied

Mitigations judges credited most

  • Inadequate training1
  • Inadvertent1
  • Isolated1
  • Time elapsed1
  • Time elapsed since behavior1

Counted only where the judge expressly credited the mitigation, not merely where it was claimed.

What the reference material says about protected-information cases

  • Pattern and recency drive these cases in the published record: repeated recent violations are denied at high rates, while old, isolated lapses followed by clean conduct and remedial training have been mitigated. (Practitioner case reviews)

From our verified reference library: paraphrased from the named sources and reviewed before publication. Descriptive background, not legal advice about any case.

How the process worksA contested case follows a published sequence. Open this for the short version, or put a question to Ask Mode on the home page. Accounts are free and include up to 25 questions per day.

A contested case follows a published path: a Statement of Reasons, the government's written list of its concerns (an SOR), a written answer, a hearing or a decision on the written record, the judge's decision, and in some cases an appeal.

Read the stages of a DOHA case · Ask a question about the process

Other guidelines: A · B · C · D · E · F · G · H · I · J · L · M

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Descriptive statistics from decided public DOHA cases. Not legal advice or a prediction. † marks samples under 20 cases.