- (a) Each licensee who obtains background information on an individual under He-P 4038.07 through He-P 4038.13 shall establish and maintain a system of files and written procedures for protection of the record and the personal information from unauthorized disclosure.
- (b) The licensee shall not disclose the record or personal information collected and maintained to persons other than the subject individual, his or her representative, or to those who have a need to have access to the information in performing assigned duties in the process of granting or denying unescorted access to category 1 or category 2 quantities of radioactive material, safeguards information, or safeguards information-modified handling. No individual authorized to have access to the information shall disseminate the information to any other individual who does not have a need to know.
(c) The personal information obtained on an individual from a background investigation may be provided to another licensee:
- (1) Upon the individual's written request to the licensee holding the data to disseminate the information contained in his or her file; and
- (2) The recipient licensee verifies information such as name, date of birth, social security number, gender, and other applicable physical characteristics.
- (d) The licensee shall make background investigation records obtained under He-P 4038.07 through He-P 4038.13 available for examination by DHHS/RHS to determine compliance with the regulations and laws.
- (e) The licensee shall retain all fingerprint and criminal history records (including data indicating no record) received from the FBI, or a copy of these records if the individual's file has been transferred, on an individual for 3 years from the date the individual no longer requires unescorted access to category 1 or category 2 quantities of radioactive material.
Source. #11105, eff 5-25-16; amd by #12055, eff 11-19-16