[Code of Federal Regulations]

[Title 28, Volume 1]

[Revised as of July 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 28CFR16.130]



[Page 371-372]

 

                    TITLE 28--JUDICIAL ADMINISTRATION

 

                    CHAPTER I--DEPARTMENT OF JUSTICE

 

PART 16_PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION--Table of 

Contents

 

      Subpart E_Exemption of Records Systems Under the Privacy Act

 

Sec. 16.130  Exemption of Department of Justice Systems: Correspondence 



Management Systems for the Department of Justice (DOJ-003); Freedom of 

Information Act, 

          Privacy Act and Mandatory Declassification Review Requests and 

          Administrative Appeals for the Department of Justice (DOJ-

          004).



    (a) The following Department of Justice systems of records are 

exempted from subsections (c)(3) and (4); (d)(1), (2), (3) and (4); 

(e)(1), (2), (3), (5) and (8); and (g) of the Privacy Act pursuant to 5 

U.S.C. 552a(j) and (k). These exemptions apply only to the extent that 

information in a record is subject to exemption pursuant to 5 U.S.C. 

552a(j) and (k).

    (1) Correspondence Management Systems (CMS) for the Department of 

Justice (DOJ), DOJ/003.

    (2) Freedom of Information Act, Privacy Act, and Mandatory 

Declassification Review Requests and Administrative Appeals for the 

Department of Justice (DOJ), DOJ/004.

    (b) These systems are exempted for the reasons set forth from the 

following subsections:

    (1) Subsection (c)(3). To provide the subject of a criminal, civil, 

or counterintelligence matter or case under investigation with an 

accounting of disclosures of records concerning him or her could inform 

that individual of the existence, nature, or scope of that 

investigation, and thereby seriously impede law enforcement or 

counterintelligence efforts by permitting the record subject and other 

persons to whom he might disclose the records to avoid criminal 

penalties, civil remedies, or counterintelligence measures.

    (2) Subsection (c)(4). This subsection is inapplicable to the extent 

that an exemption is being claimed for subsection (d).

    (3) Subsection (d)(1). Disclosure of investigatory information could 

interfere with the investigation, reveal the identity of confidential 

sources, and result in an unwarranted invasion of the privacy of others. 

Disclosure of classified national security information would cause 

damage to the national security of the United States.

    (4) Subsection (d)(2). Amendment of the records would interfere with 

ongoing criminal or civil law enforcement proceedings and impose an 

impossible administrative burden by requiring investigations to be 

continuously reinvestigated.

    (5) Subsections (d)(3) and (4). These subsections are inapplicable 

to the extent exemption is claimed from (d)(1) and (2).

    (6) Subsection (e)(1). It is often impossible to determine in 

advance if investigatory records contained in this system are accurate, 

relevant, timely and



[[Page 372]]



complete, but, in the interests of effective law enforcement and 

counterintelligence, it is necessary to retain this information to aid 

in establishing patterns of activity and provide investigative leads.

    (7) Subsection (e)(2). To collect information from the subject 

individual could serve notice that he or she is the subject of a 

criminal investigation and thereby present a serious impediment to such 

investigations.

    (8) Subsection (e)(3). To inform individuals as required by this 

subsection could reveal the existence of a criminal investigation and 

compromise investigative efforts.

    (9) Subsection (e)(5). It is often impossible to determine in 

advance if investigatory records contained in this system are accurate, 

relevant, timely and complete, but, in the interests of effective law 

enforcement, it is necessary to retain this information to aid in 

establishing patterns of activity and provide investigative leads.

    (10) Subsection (e)(8). To serve notice could give persons 

sufficient warning to evade investigative efforts.

    (11) Subsection (g). This subsection is inapplicable to the extent 

that the system is exempt from other specific subsections of the Privacy 

Act.



[Order No. 241-2001, 66 FR 41445, Aug. 8, 2001; 66 FR 43308, Aug. 17, 

2001]