Guideline K: Security Violations
Handling Protected information
Guideline K addresses the deliberate or negligent failure to comply with rules and regulations for protecting classified, sensitive government, or proprietary information. Failure to comply with these rules, or the lack of a desire to conform to the requirements for handling protected information, can raise doubts about an individual’s judgment, reliability, and trustworthiness.
Guideline K Concerns
Behavior that may lead to a clearance denial or revocation includes:
- Unauthorized Disclosure: Deliberate or negligent disclosure of protected information to unauthorized persons (e.g., media, personal contacts, or at conferences).
- Unauthorized Storage: Storing or collecting protected information in unauthorized locations (e.g., taking classified documents home). While politicians and high-level officials may be given a pass for storing classified or sensitive information in unsecured locations like bathrooms or garages, doing so as a federal employee or contractor will likely lead to more serious consequences.
- Unauthorized Processing: Handling protected information on unauthorized information technology systems or media (e.g., using a personal USB or unclassified laptop for classified work).
- “Need to Know” Violations: Inappropriate efforts to obtain or view information outside of one’s specific job requirements.
- Marking Tampering: Removing or modifying classification markings to conceal the nature of the data.
- Security Violations or Infractions: Violating facility rules and security regulations around classified information or secure facilities is troubling behavior when it persists despite correction and remedial security training. Recent or recurring pattern of violations will be of special interest to adjudicators. A person’s repeated failure to follow his or her security responsibilities will often raise security concerns.
- Violations that Damage National Security: Even where mishandling protected information was unintentional, if damage to national security results, this can cause a clearance suspension or revocation.
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Mitigating Concerns
Mistakes happen, especially with the restrictions involved in going to work in secured buildings and working in SCIFs, but convincing the government that a personnel security guideline violation was unintentional, not part of a pattern, and will likely not recur is required to resolve
- Infrequency/Time: The behavior happened a long time ago, was an isolated incident, or occurred under such unusual circumstances that it is unlikely to happen again.
- Response to Counseling: The individual responded favorably to remedial security training and has shown a positive change in attitude toward security duties.
- Lack of Training: The violation was the result of improper or inadequate training or unclear instructions rather than a disregard for rules.
- Prompt Reporting: The violation was inadvertent, was reported immediately by the individual, and there is no evidence of actual compromise or a recurring pattern.
Hire an Experienced Security Clearance Guideline K Attorney
Mishandling protected information under Guideline K is a broad range of activity. Understanding how to contextualize the conduct, demonstrate remorse and remedial efforts, and establish a low likelihood of recurrence can be difficult. Our firm has dealt with all manner of alleged violations and works with applicants and clearance holders to create a comprehensive response to mitigate security concerns. Contact us today for a free confidential consultation to discuss your concerns and preserve your clearance and career.
