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  Protection of Privacy (EEOC Order)

                      
                        

          
          
                        Protection of Privacy (EEOC Order)
              


          
  ***DIRECTIVES TRANSMITTAL*** **Number*****EEOC*** 150.005**Date**5/8/09**SUBJECT:** Protection of Privacy**PURPOSE:** This transmittal issues a revised and updated Order 150.005 concerning the protection of privacy of EEOC employees and members of the public.**EFFECTIVE DATE:** May 8, 2009**DISTRIBUTION:** This transmittal and revised Order 150.005 are available on inSite on the EEOC Orders page.**CURRENT CHANGES:** Paragraph 7(a) is amended to reflect that employees in EEOC's Intake Information Group now perform the functions of the contractor-staffed National Contact Center.**OBSOLETE DATA****AND FILING****INSTRUCTIONS:** Remove and destroy EEOC Order 150.005, dated January 14, 2005. Replace it with the attached Order 150.005, dated May 8, 2009.____________/s/_____________________ Stuart J. Ishimaru Acting Chairman  GENERAL MANAGEMENT  SUBJECT. PROTECTION OF PRIVACY.  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.  EFFECTIVE DATE. MAY 8 2009  ORIGINATOR. Office of the Chair.  RESPONSIBILITES.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.  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.  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.  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.  MONITORING CONVERSATIONS.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.  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.  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.)  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 CHAIRMANReturn to top

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