3.902
Classified information
Whistleblower protections do not permit the unauthorized disclosure of classified information—such disclosures must always comply with existing laws.
Overview
FAR 3.902 clarifies that the whistleblower protections provided under 41 U.S.C. 4712 do not grant contractor employees the right to disclose classified information unless such disclosure is otherwise authorized by law. This section serves as a critical reminder that, while whistleblower protections are robust, they do not override existing laws and regulations governing the handling and disclosure of classified information. Contractors and their employees must continue to adhere strictly to all applicable security protocols and legal requirements regarding classified material, even when reporting suspected wrongdoing or misconduct.
Key Rules
- No Right to Disclose Classified Information
- Whistleblower protections do not authorize the disclosure of classified information unless specifically permitted by law.
- Compliance with Existing Laws
- All disclosures involving classified information must comply with applicable statutes and regulations.
Responsibilities
- Contracting Officers: Ensure contractors are aware of the limitations on whistleblower disclosures involving classified information.
- Contractors: Must not disclose classified information unless authorized by law, even when reporting misconduct.
- Agencies: Maintain oversight to ensure classified information is protected in accordance with legal requirements.
Practical Implications
- This section exists to prevent unauthorized disclosures of classified information under the guise of whistleblower activity.
- Contractors must be vigilant in distinguishing between protected disclosures and those that could violate security laws.
- Common pitfalls include misunderstanding the scope of whistleblower protections and inadvertently disclosing classified material.