OPM Prepares NDA for Federal Employees Handling Sensitive Information Following Series of Major Leaks

WASHINGTON, DC –The US Office of Personnel Management (OPM) today issued, for public comment, a template non-disclosure agreement (NDA) for federal employees with access to sensitive government information including personally identifiable information, operational plans, personnel records, and other protected materials.

The template NDA comes amid a series of recent unauthorized disclosures involving sensitive government information, including leaks related to planned immigration enforcement operations, disclosures of confidential operational details prior to a US action overseas, and the release of personal information belonging to approximately 4,500 ICE employees, including frontline enforcement personnel.

The template NDA would allow agencies to use standardized confidentiality agreements for covered employees and contractors whose duties involve routine access to sensitive systems or protected information. If finalized, it would become an official government form that agencies could use as a standard part of the employee onboarding process.

"In much of the private sector, employees handling sensitive business or customer information are routinely required to sign confidentiality agreements, and the federal government should not be held to a lower standard," OPM Director Scott Kupor said. "Americans should be able to trust that their personal data and sensitive government information are being handled responsibly. This proposal reinforces accountability across the federal workforce while helping agencies better protect against unauthorized disclosures."

The template is fully consistent with existing whistleblower protections under federal law. Employees would continue to retain all rights and protections afforded by statute related to lawful disclosures of waste, fraud, abuse, or misconduct.

Read the proposed NDA, and accompanying Federal Register notice, here.