Protection of Privacy (EEOC Order)

GENERAL MANAGEMENT

1. SUBJECT. PROTECTION OF PRIVACY.
2. PURPOSE. This directive establishes agency policy concerning the protection
   of the privacy of EEOC employees and of the members of the public who transact
   business with the agency and establishes guidelines for ensuring that the policy is
   followed.
3. EFFECTIVE DATE. MAY 8 2009
4. ORIGINATOR. Office of the Chair.
5. RESPONSIBILITES.
   
   1. All Office Heads and Division Directors will ensure that their employees are
      apprised of the Commission's policy concerning privacy and that all business
      transacted in units under their direction is conducted in accordance with the policy
      and guidelines outlined in this directive.
   2. The Chief Human Capital Officer will ensure that no information about
      employees is disclosed to the public, except as outlined in paragraph 8 of this
      Order.
   3. All employees must ensure that they do not violate the privacy of any other
      employee or member of the public by releasing information of a private nature or
      by monitoring or recording statements made by them, except as authorized by this
      Order.
6. BACKGROUND. The federal government and the public have shown an increasing
   interest in protecting the privacy of individual citizens. Federal regulations have been
   promulgated that guarantee the right of privacy of Federal employees. Guidelines are
   established by this directive to ensure that the right to privacy is guaranteed for EEOC
   employees and for those members of the public with whom the agency transacts
   business.
7. MONITORING CONVERSATIONS.
   
   1. Monitoring Telephone Conversations. The use of electronic and mechanical
      devices to intercept or record telephone conversations is forbidden and such
      devices will not be procured for attachment to agency telecommunications
      equipment, except as provided below for the Intake Information Group.
      
      Monitoring of telephone conversations by secretaries or other personnel for the
      purpose of recording appointment, making arrangements, assisting with
      commitments, and assuring adequate follow-up is permitted only after callers
      have been notified in advance and have given their approval. Callers must also be
      assured at that time that the monitoring is not accomplished through the use of
      any electronic or mechanical monitoring devices.
      
      Monitoring and recording of telephone conversations between Intake Information Group
      personnel and members of the public, for purposes of assessing Group
      performance, is permitted if members of the public have been notified in advance.
   2. Recording of Statements Made in Person. Manual verbatim transcriptions or the
      use of electronic or mechanical recording devices in hearings, meetings, and faceto-
      face interviews and conversations are authorized only when advance
      notification is given to all participants that the recording or transcription will
      occur. Investigative personnel should take special note of this provision.
8. PROTECTION OF PRIVACY OF EMPLOYEES. The agency is generally
   prohibited from releasing personal information about its employees to the public.
   Unless release of personal information is specifically authorized by statute or
   regulation (see e.g., 5 C.F.R. §293.311 (2004), or the routine uses of the Systems of
   records published by the Office of Personnel management and EEOC), the office
   should refer any questions on, or requests for, disclosure to the Office of Legal
   Counsel for a determination on whether the personal information can or should be
   released. (See also EEOC Order 150.003, Privacy Act of 1974.)
9. OBSOLETE DATA. EEOC Order 150.005, Protection of Privacy, dated, January 14,
   2005 is obsolete. All reference copies should be destroyed and replaced with this
   order.

               /s/
STUART J. ISHIMARU
ACTING CHAIRMAN