This is the Defense Security Service's (DSS's) response to AntiPolygraph.org's Freedom of Information Act request dated 14 March 2002 for DoDPI's Federal PDD Examiner Handbook. To download those portions of the Handbook that DSS has thus far released, click here (1.04 mb PDF)
DEFENSE SECURITY SERVICE
APR 09 2002
Mr. George W. Maschke
RE: FOIA #047-22(2)
Dear Mr. Maschke:
This is in reference to your facsimile [sic] dated March 14, 2002, requesting, pursuant to the Freedom of Information Act (FOIA), access to the current version of the Federal Pyschophysiological Detection of Deception Examiner Handbook (PDD Examiner Handbook) as published by the Department of Defense Polygraph Institute (DODPI).
Enclosed are 20 pages of record material which can be released to you. Where blacked out and noted within the 20 pages, information has been withheld that is exempt from the mandatory disclosure provisions of the FOIA for the following reasons:
a. Exemption (b)(2) applies to a document which, if released, would allow circumvention of an agency rule, policy, or statute, thereby impeding the agency in the conduct of its mission.
b. Exemption (b)(7)(E) applies to information compiled for law enforcement purposes which, if released, would disclose techniques and procedures for law enforcement investigations or prosecutions.
In addition to these enclosures, there are 53 pages which are being withheld in their entirety pursuant to the above noted exemptions. DSS, pursuant to FOIA's "reasonably segregable" standards, determined that because the proportion of nonexempt material within these 53 pages is so relatively small and is so interspersed with the exempt material, the entire pages could be withheld.
The information contained in the PDD Examiner Handbook, which is not generally known to the public, is designed solely to instruct law enforcement and national security investigators and does not "regulate the public." The material identifies specific applications and techniques and procedures used in polygraph matters and disclosure could enable circumvention of polygraph test [sic] by others. Accordingly, DSS is not going to release any information that could possibly benefit those attempting to reduce the effectiveness of the polygraph or violate the law and avoid detection. See, e.g., Hale v. United States Dep't of Justice, 973 F. 2d 894, 902-3 (10th Cir. 1992) (concluding that
disclosure of use of security devices and their modus operandi and polygraph matters could lessen their effectiveness); Eagle Horse v. FBI, No. 92-2357, slip op. at 5 (D.D.C. July 28. 1995) (holding that release of polygraph structure, pattern, and sequence of questions could enable circumvention of polygraph test by others); Perrone v. FBI, 908 F. Supp. 24, 28 (D.D.C. 1994) (finding that release of precise polygraph questions and their sequence would allow circumvention of the test).
Since this is a partial denial of your request, you are entitled to file an administrative appeal if you so desire. Appeals should be directed in writing to the Director, Defense Security Service, Attn: Office of FOIA/PA, 1340 Braddock Place, Alexandria, Va. 22314-1651, within 60 days from receipt of this letter. In any such appeal, you should also provide a copy of this letter, along with sufficient justification upon which the Director may base a decision.
If you should have any questions concerning this response, please feel free to contact my office at (703) 325-9450.
Sincerely,
[signed]
1340 BRADDOCK PLACE
ALEXANDRIA, VA 22314-1651
Hart Nibbrigkade 22
2597 XV Den Haag
Netherlands
LESLIE R. BLAKE Enclosure
Chief, Office of Freedom of Information
and Privacy