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2016 CBA Tentati ve Agreement Page 43 of 217 c. They are not under the control of the FAA in any way or required to be kept by the FAA. d. They are kept or destroyed so lely as the supervisor sees fit. Such records, notes or diaries are to be current and pertinent to help focus on meaningful issues when counseling, evaluating performance, assisting in career development, and similar day - to - day responsibilities and should include the praiseworthy acts of employees as well as problems. Such records, notes or diaries shall not be used as a basis to support the following: a. a performance evaluation of less than fully successful; b. the denial of a promotion; c. the denial of a pa y increase; or d. disciplinary or adverse actions, unless the employee has been shown and provided a copy of such documentation within a reasonable period of time, not to exceed thirty (30) days from the incident giving rise to the notation. If an employee is shown a note, record or diary as part of the administrative process, he/she shall be given the opportunity to submit a written response contesting the information contained therein. Section 12. In the event an employee is the subject of a security inve stigation and such investigation produces a negative determination, any information or documents obtained and made a part of the Security file shall not be released or shared without the express written authorization of the employee, except pursuant to 5 U SC 552a(b) and 5 CFR 297.401. Section 13. Each employee, upon written request, and/or his/her designated representative upon written authorization, shall be allowed, in the presence of a management official, to copy information contained in the EPF, Med ical, Security, Training folder or other DOT/FAA file, with the exception of records restricted by law or regulation. ARTICLE 23 DATA SECURITY Section 1. All information in Agency computer/information systems shall be protected in accordance with the Com puter Security Act of 1987, as amended, the Department of Transportation Information Technology Security Program, and FAA Order 1370.82. Section 2. If any record(s) maintained by the Agency on any bargaining unit employee(s) becomes lost, stolen, and/or i mproperly dispersed, the Agency shall notify the Union at the national level and the affected employee(s) immediately. The Agency shall assist the Union and the employee(s) in resolving the problem. Section 3. In accordance with the Privacy Act, 5 USC 552 a as amended, the Agency shall not require any bargaining unit employee to disclose his or her Social Security Number (SSN) unless such disclosure is specifically required by a Federal Regulation effective prior to January 1, 1975

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