Holding a security clearance is serious responsibility. It allows you to access information critical to national security but it also carries significant responsibilities. A single careless mistake, even without malicious intent, can jeopardize your career, security clearance, and in some cases, your freedom. In our legal practice, we often see many issues arise under Guidelines K and M of Security Executive Agent Directive 4 (SEAD 4) in security clearance adjudications involving the handling of classified information.

Handling Classified Information Safely

As an attorney who advises clients on clearance-related issues, I’ve seen firsthand how simple missteps can lead to significant clearance consequences. Below are key principles and practical tips to help you protect your clearance avoid potential problems.

1. Understand the Rules Involving the Protection of Classified Information

Every clearance holder should have a working knowledge of the regulations that govern classified information, such as Executive Order 13526, the National Industrial Security Program Operating Manual (NISPOM), and relevant agency-specific policies. These rules exist to safeguard information that, if compromised, could cause damage to national security.

2. Treat Every Situation as a Potential Risk

Most security clearance problems don’t arise from espionage, but they stem from carelessness. Here are some of the more common examples:

  • Taking classified material home to “finish a project.”
  • Discussing work details in a rideshare, restaurant, or on social media.
  • Using personal devices or unsecured email for official work.
  • Accidentally plugging your phone into your classified computer for charging.
  • Not properly securing a SCIF or files at work.
  • Sending an email with classified content over an unclassified network.

These acts might seem harmless, but clearance investigators view them as potential serious lapses in judgment that raise concerns about your ability to hold a security clearance.

Tip: If you’re unsure whether something is classified or how to handle it, err on the side of caution and consult your security officer before an incident occurs.

3. Stay Alert to Insider Threats and Unintentional Disclosures

You’re not just responsible for your own actions; you also share responsibility for reporting suspicious activity that you observe. This includes colleagues who appear to be misusing classified information or haphazardly handing it. This can leave individuals in difficult situations by having to potentially report on colleagues. However, if it is later learned that you knew about a security violation and failed to report it, this can cause you to have your own security clearance problems.

4. Handle Technology with Caution

Digital devices are a major source of security violations under SEAD 4. Avoid connecting unapproved devices to secure networks and never use cloud storage or personal accounts for work-related files. Always verify the classification level of digital media before sharing, transferring, or disposing of it. Regularly update passwords, enable multi-factor authentication where permitted, and report lost or stolen devices immediately.

5. When Mistakes Are Made, Seek Help

If you believe you’ve made an error, or if you’re under investigation for a potential security violation, contact a security clearance attorney immediately. Early legal guidance can help you respond appropriately and may prevent a suspension or revocation.

Safeguarding Our Nation’s Secrets

Security clearance holders are entrusted with protecting the nation’s most sensitive information. By approaching your responsibilities with vigilance and caution, you not only safeguard classified data but also protect your own security clearance. If you ever find yourself uncertain about your obligations or facing a potential issue, don’t wait until it escalates. Seek advice early.

 

 

This article is intended as general information only and should not be construed as legal advice. Although the information is believed to be accurate as of the publication date, no guarantee or warranty is offered or implied.  Laws, regulations and government policies are always subject to change, and the information provided herein may not provide a complete or current analysis of the topic or other pertinent considerations. Consult an attorney regarding your specific situation.

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John V. Berry is the founding partner of Berry & Berry, PLLC, and chair of the firm’s federal employment and security clearance practice. Berry has represented federal employees and security clearance holders for over 26 years. Berry also teaches other lawyers about federal employment and security clearance matters in continuing education classes with different state bar organizations. You can read more about Berry & Berry , PLLC at berrylegal.com.