As the ICPA (custodian of the FECA File), do you have the authority to release the file to agency investigators?

TIP OF THE WEEK - November 18, 2013

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ANSWER:

2If you have a question or topic for Tip of the Week, contact your District 6 Liaison, Jacksonville, FL

All records relating to claims for benefits filed under the FECA, including any copies of such records maintained by an employing agency, are covered by the government-wide Privacy Act system of records entitled DOL/GOVT–1; This means investigators do not have unlimited access to FECA case file information.“Investigators may have access to the file when:

• The claimant has provided expressed written consent to you to provide information from their file to a specific agency.

• There is an active criminal investigation. Investigators must provide:– The agency's investigative file number to document the reason for exception. – The reason that criminal activity is suspected and the expected relevance of

OWCP case file documents. – The OWCP case file should not be the original source for an investigation.

If you have questions contact your DOD liaison and the reference below before you release any information. Investigative information should not be loaded via ECOMP.

Reference: Privacy Act Systems - DOL/GOVT-1 http://www.dol.gov/sol/privacy/dol-govt-1.htm; DOL/OWCP Frequently Asked Questions (FAQ's) http://www.dol.gov/owcp/contacts/jac/6faq.htm; FECA CIRCULAR NO. 12-02 http://www.dol.gov/owcp/dfec/regs/compliance/DFECfolio/FECACirculars/index.htm#CIRCULAR1202; 20 CFR 10.11 - Who maintains custody and control of FECA records http://www.gpo.gov/fdsys/granule/CFR-2010-title20-vol1/CFR-2010-title20-vol1-sec10-11/content-detail.html