JPAS Incident Privacy during Periodic Investigation

If someone has a minor incident reported into JPAS, either adjudicated or pending, does that incident fall under the Privacy Act? I guess the real question is, if during a periodic reinvestigation, would an OPM investigator (or any investigator), be allowed to use any aspect of the reported incident (or knowledge of the incident in general) during their interviews with the listed contacts provided through eQIP/SF-86? Or is mentioning the incident a violation of the Privacy Act unless its directly with the person the incident is about?

For example, say I had a minor incident reported against me into JPAS, would an investigator during a periodic clearance reinvestigation be allowed to either mention the incident or question family/friends/neighbors/contacts listed about the incident? Or is the investigator only allowed to discuss the incident with me and/or my FSO?

The investigator normally can not discuss a known incident UNLESS someone is specifically listed in a record/report.

For example, if you and Smith had a minor security incident at work that created an investigation, the investigator has greater leeway in asking Smith about the incident than your new coworker who had no involvement.

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Thank you!
A quick follow up if you don’t mind. If the incident was to be favorably adjudicated prior to a periodic reinvestigation, would that incident still need to be discussed/disclosed again with the investigator for that periodic reinvestigation and/or any subsequent periodic reinvestigation?

You will need hit the box saying you were written up at work for a security reason. So, check that, and speak to it exactly as the government captured it. Don’t downplay it, just own it. Infractions happen all the time.

Thank you for the help/advice!

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