POW Debriefs Debriefs are exempt from release to the public under the FOIA and Privacy Act. Only POWs are allowed access to their respective debriefs. Debriefings have produced classified information obtained under a non-disclosure promise. POWs were promised that their complete and candid statements about the conditions of their captivity and the events surrounding their capture, captivity, and release would not be disclosed. Release of this confidential information would violate confidentiality agreements and constitute an unwarranted invasion of their personal privacy. Returned POWs are allowed a one-time security clearance and are provided access to read and review their respective debriefing files in a controlled environment here at the JPRA Library/Archives. The authorization to review files does not constitute authorization to copy, record, or retain the debriefing file.
Sec. 1506. Personnel files (2)(d) Privileged Information.--(1) The Secretary concerned shall withhold from personnel files under this section, as privileged information, debriefing reports provided by missing persons returned to United States control which are obtained under a promise of confidentiality made for the purpose of ensuring the fullest possible disclosure of information. (2)(f) Nondisclosure of Certain Information.-- A record of the content of a debriefing of a missing person returned to United States control during the period beginning on July 8, 1959, and ending on February 10, 1996, that was conducted by an official of the United States authorized to conduct the debriefing is privileged information and, notwithstanding sections 552 and 552a of title 5, may not be disclosed, in whole or in part, under either such section. However, this subsection does not limit the responsibility of the Secretary concerned under paragraphs (2) and (3) of subsection (d) to place extracts of non-derogatory information, or a notice of the existence of such information, in the personnel file of a missing person. |
