[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: 28CFR16.70]



[Page 292-293]

 

                    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. 16.70  Exemption of the Office of the Attorney General System--

limited access.



    Source: Order No. 645-76, 41 FR 12640, Mar. 26, 1976, unless 

otherwise noted.





    (a) The following system of records is exempt from 5 U.S.C. 552a(c) 

(3) and (4); (d); (e) (1), (2) and (3), (e)(4) (G) and (H), (e)(5); and 

(g):

    (1) General Files System of the Office of the Attorney General 

(JUSTICE/OAG-001).





These exemptions apply only to the extent that information in the system 

is subject to exemption pursuant to 5 U.S.C. 552a (j)(2), (k)(1), 

(k)(2), and (k)(5).

    (b) Exemptions from the particular subsections are justified for the 

following reasons:

    (1) From subsection (c)(3) because making available to a record 

subject the accounting of disclosures from records concerning him/her 

would reveal investigative interest on the part of the Department of 

Justice as well as the recipient agency. This would permit record 

subjects to impede the investigation, e.g., destroy evidence, intimidate 

potential witnesses, or flee the area to avoid inquiries or apprehension 

by law enforcement personnel.

    (2) From subsection (c)(4) because this system is exempt from the 

access provisions of subsection (d) pursuant to subsections (j) and (k) 

of the Privacy Act.

    (3) From subsection (d) because the records contained in this system 

relate to official Federal investigations. Individual access to these 

records might compromise ongoing investigations, reveal confidential 

informants or constitute unwarranted invasions of the personal privacy 

of third parties who are involved in a certain investigation. Amendment 

of the records would interfere with ongoing criminal law enforcement 

proceedings and impose an impossible administrative burden by requiring 

criminal investigations to be continuously reinvestigated.

    (4) From subsections (e) (1) and (5) because in the course of law 

enforcement investigations, information may occasionally be obtained or 

introduced the accuracy of which is unclear or which is not strictly 

relevant or necessary to a specific investigation. In the interests of 

effective law enforcement, it is appropriate to retain all information 

that may aid in establishing patterns of criminal activity. Moreover, it 

would impede the specific investigative process if it were necessary to 

assure the relevance, accuracy, timeliness and completeness of all 

information obtained.

    (5) From subsection (e)(2) because in a law enforcement 

investigation the requirement that information be collected to the 

greatest extent possible from the subject individual would present a 

serious impediment to law enforcement in that the subject of the 

investigation would be informed of the existence of the investigation 

and would therefore be able to avoid detection, apprehension, or legal 

obligations of duties.

    (6) From subsection (e)(3) because to comply with the requirements 

of this subsection during the course of an investigation could impede 

the information gathering process, thus hampering the investigation.

    (7) From subsections (e)(4) (G) and (H) because this system is 

exempt from the access provisions of subsection (d) pursuant to 

subsections (j) and (k) of the Privacy Act.



[[Page 293]]



    (8) From subsection (g) because this system is exempt from the 

access and amendment provisions of subsection (d) pursuant to 

subsections (j) and (k) of the Privacy Act.



[Order No. 31-85, 51 FR 751, Jan. 8, 1986]