State Dept refused to name its SGEs because of reasons #1, #2, #3, #4 and … oh right, the Privacy Act of 1974

— Domani Spero

Last week, ProPublica posted this: Who Are State Dept’s 100 “Special Government Employees”? It Won’t Say.  We blogged about it here: Who Are State Dept’s 100 “Special Government Employees”? Dunno But Is Non-Disclosure For Public Good? Today, the Project On Government Oversight (POGO) has more on the subject. And after months of giving one reason or another to the reporters pursuing this case, the State Department is down to its Captain America shield  — the Privacy Act of 1974.

Below excerpted from POGO: State Dept. Won’t Name Advisers Already in Government’s Public Database:

They’ve all been selected to advise the State Department on foreign policy issues. Their names are listed on the State Department’s website.

So why won’t the Department disclose that these individuals are special government employees (SGEs)?

For four months, State has refused to name its SGEs, ProPublica reported last week, leaving the public to guess which outside experts are advising the Department on matters that affect the public’s interest.

Yet, the Project On Government Oversight was able to find more than 100 of the advisers identified as SGEs in an online government database. In other words, some of the information that State has been refusing to provide is hiding in plain sight.
[…]
State has refused to identify any of its special employees, even though most agencies contacted by ProPublica were easily able to provide a list of their SGEs.

First, a State spokeswoman told ProPublica her agency “does not disclose employee information of this nature.”

When ProPublica filed a request seeking the list of names under the Freedom of Information Act (FOIA), it was told the agency doesn’t keep such a list, and State’s FOIA office refused to track down the information because it would require “extensive research.”

In September, ProPublica told State it planned to report that the Department was refusing to provide a list of names. In response, State said the FOIA request “was being reopened” and that the records would be provided “in a few weeks,” according to ProPublica.

“The State Department has since pushed back the delivery date three times and still hasn’t provided any list,” ProPublica reported last week. “It has been four months since we filed the original request.”

On Friday, a State official told The Washington Post that the Department is “diligently working to resolve” the FOIA request. The official cited concerns about “maintaining employee protections of privacy.”

State’s posture over the past several months is at odds with POGO’s finding: why can’t the Department give the press the same information it already supplied to a public database?

“Disclosure of certain employee information is subject to the Privacy Act of 1974,” Alec Gerlach, a State spokesperson, told POGO. “That some information may already be publicly available does not absolve the Department of Privacy Act requirements. Whether someone is an SGE is Privacy Act-protected information that we would not release except through the FOIA process.”

However, one of the authors of ProPublica’s story questioned why State hasn’t turned over the requested records. “I think anytime a government agency won’t reveal information, it raises questions about why they aren’t,” Liz Day, ProPublica’s Director of Research, told POGO.

Holy mother of god of distraught spoxes!  Okay, please, try not to laugh. It is disturbing to watch this type of contortion, and it seems to be coming regularly these days from Foggy Bottom.

Seriously.  If this is about the Privacy Act of 1974, why wasn’t ProPublica told of this restriction four months ago? And does that mean that all other agencies who released their SGE names were in violation of the Privacy Act of 1974?

Also, State/OIG was told that “The number of special government employee filers was given as 100.”  A State Department spokeswoman told ProPublica that there are “about 100” such employees.  But what do you know?  The Project On Government Oversight was able to find more than 100 of the advisers (excel download file) identified as SGEs in an online government database. Are there more? How many more?

The list does not include the more famous SGEs of the State Department previously identified in news report.

New message from Mission Command:  “Good morning, Mr. Hunt (or whoever is available). Your mission, should you choose to accept it, involves the retrieval of very Special Government Employee (SGE) names. There are more than a hundred names but no one knows how many more.  They are padlocked in the Privacy Act of 1974 vault, guarded by a monstrous fire-breathing creature from Asia Minor. PA1974 vault location is currently in Foggy Bottom.  As always, should you or any member of your team be caught or killed, everybody with a badge will disavow all knowledge of your actions. This message will self-destruct in five seconds.  If not, well, find a match and burn.”

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