The Pentagon and DADT


UNDER THE RADAR

JUSTICE — PENTAGON TRIES TO ADDRESS DADT SURVEY PRIVACY CONCERNS WITH ‘CERTIFICATE OF CONFIDENTIALITY’: After a copy of the Pentagon’s “Don’t Ask Don’t Tell” survey was leaked last month, LGBT groups quickly condemned the survey’s questions — which ask servicemembers to speculate on the sexuality of their colleagues, as “derogatory and insulting.” At the time of the questionnaire’s release, the Servicemembers Legal Defense Network (SLDN) warned gay and lesbian soldiers against participating, citing privacy concerns. “While the surveys are apparently designed to protect the individual’s privacy, there is no guarantee of privacy and DOD has not agreed to provide immunity to service members whose privacy may be inadvertently violated or who inadvertently outs himself or herself,” the group said. In an attempt to allay fears and encourage gay and lesbian soldiers to participate in the Pentagon’s survey, the Department of Defense is publicizing that the private company hired to administer the survey, Westat, has obtained a Certificate of Confidentiality from the Department of Health and Human Services. According to the certificate, Westat “cannot be forced (for example by court order or subpoena) to disclose information that may identify you in any federal, state, local, civil, criminal, legislative, administrative, or other proceeding.” According to the Pentagon, the certificate would apply retroactively to anyone who has already taken the questionnaire. And more importantly, individuals would be protected from forced disclosure of their sexual orientation. Since the surveys were sent out to servicemembers last month, only 10 percent of the 400,000 “Don’t Ask Don’t Tell” surveys were completed as of July 27.