[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: 28CFR16.132]



[Page 373-374]

 

                    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. 16.132  Exemption of Department of Justice System--Personnel 



Investigation and Security Clearance Records for the Department of 

Justice (DOJ), DOJ-006.



    (a) The following Department of Justice system of records is 

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): Personnel Investigation and Security Clearance 

Records for the Department of Justice (DOJ), DOJ-006. 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).

    (b) Exemption from the particular subsections is justified for the 

following reasons:

    (1) Subsection (c)(3). To provide the subject with an accounting of 

disclosures of records in this system could inform that individual of 

the existence, nature, or scope of an actual or potential law 

enforcement or counterintelligence 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 records in the system could 

reveal the identity of confidential sources and result in an unwarranted 

invasion of the privacy of others. Disclosure may also reveal 

information relating to actual or potential criminal investigations. 

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 could 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 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



[[Page 374]]



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. 297-2002, 67 FR 70163, Nov. 21, 2002]