10 CFR 709.26 – Protection of confidentiality of CI evaluation records to include polygraph examination records and other pertinent documentation
(a) DOE owns all CI evaluation records, including polygraph examination records and reports and other evaluation documentation.
(b) DOE maintains all CI evaluation records, including polygraph examination records and other pertinent documentation acquired in conjunction with a counterintelligence evaluation, in a system of records established under the Privacy Act of 1974 (5 U.S.C. § 552a).
(c) DOE must afford the full privacy protection provided by law to information regarding a covered person’s refusal to participate in a CI evaluation to include a polygraph examination and the completion of other pertinent documentation.
(d) With the exception of the polygraph report, all other polygraph examination records are destroyed ninety days after the CI evaluation is completed, provided that a favorable recommendation has been made to grant or continue the access to the position. If a recommendation is made to deny or revoke access to the information or involvement in the activities that justified conducting the CI evaluation, then all of the polygraph examination records are retained until the final resolution of any request for reconsideration by the covered person or the completion of any ongoing investigation.