Federal employees are already barred from sharing certain information, as the draft notice noted. But OPM offered a broad definition in the draft of “confidential government information” that would be covered by the NDAs, including—but not limited to, it noted—“information relating to internal agency operations, personnel matters, procurement processes, or any sensitive, pre-decisional or deliberative material that is not currently publicly available.” Unauthorized disclosures of such information, the draft states, “disrupt agency operations and erode public trust.”
The proposed rule would not replace or nullify existing NDAs government workers may be required to sign per their agencies’ requirements, according to the draft, which also noted that workers would retain the “right to make disclosures authorized by law.” It does not specify what penalties might be sought for workers who release confidential information deemed to be covered by the NDAs.
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