• Each licensee that obtains an individual’s criminal history records check, in accordance with 10 CFR 73.38(c)(1), shall establish and maintain a system of files and procedures for protecting the record and the personal information from unauthorized disclosure. • As specified in 10 CFR 73.38(f)(2), the licensee may not disclose the record or personal information collected and maintained to persons other than the subject individual, his or her representative, or those who have a need to access the information in performing assigned duties in the process of determining access to SNF in transit. No individual authorized to have access to the information may disseminate the information to any other individual who does not have a need to know. • The personal information obtained about an individual from a criminal history records check and background investigation may be transferred to another licensee in accordance with 10 CFR 73.38(f)(3). This transfer may only take place when both of the following conditions are met: – if the licensee holding the criminal history records check receives the individual’s written request to disseminate the information contained in his or her file and – the acquiring licensee verifies information such as the individual’s name, date of birth, Social Security number, sex, and other applicable physical characteristics for identification purposes • The licensee shall make criminal history records checks obtained under this section available for examination by an authorized representative of the NRC to determine compliance with the regulations and laws as specified in 10 CFR 73.38(f)(4). • Under 10 CFR 73.38(f)(5), the licensee shall retain all fingerprint and criminal history records checks received from the Federal Bureau of Investigations (FBI) (including data indicating no record), or a copy of such records if the individual’s file has been transferred, for 5 years after termination of employment or 5 years after the individual no longer requires unescorted access to SNF in transit. • After the required 5-year period, all personal information should be destroyed by a method that will prevent reconstruction of the information in whole or in part. 6.3. Background Investigation Elements 6.3.1. Fingerprinting and FBI Identification and Criminal History Records Check Each individual who is seeking or permitted unescorted access to SNF in transit is subject to fingerprinting and an FBI identification and criminal history records check as specified in 10 CFR 73.57, “Requirements for Criminal History Records Checks of Individuals Granted Unescorted Access to a Nuclear Power Facility or Access to Safeguards Information.” The licensee shall review and use the information received from the FBI in the determination to grant or deny the individual unescorted access to SNF in transit. As specified in 10 CFR 73.38(c)(2), fingerprinting and the identification and criminal history records checks and other elements of the background investigation are not required for the following individuals before granting unescorted access to SNF in transit:
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