[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: 28CFR16.88]



[Page 311-312]

 

                    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. 16.88  Exemption of Antitrust Division Systems--limited access.



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

(c)(3), (d), (e)(4) (G) and (H), and (f):

    (1) Antitrust Caseload Evaluation System (ACES)--Monthly Report 

(JUSTICE/ATR-006).





These exemptions apply only to the extent that information in this 

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

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

following reasons:

    (1) From subsection (c)(3) because information in this system is 

maintained in aid of ongoing antitrust enforcement investigations and 

proceedings. The release of the accounting of disclosures made under 

subsection (b) of the Act would permit the subject of an investigation 

of an actual or potential criminal or civil violation to determine 

whether he is the subject of an investigation. Disclosure of the 

accounting would therefore present a serious impediment to antitrust law 

enforcement efforts.

    (2) From subsection (d) because access to the information 

retrievable from this system and compiled for law enforcement purposes 

could result in the premature disclosure of the identity of the subject 

of an investigation of an actual or potential criminal or civil 

violation and information concerning the nature of that investigation. 

This information could enable the subject to avoid detection or 

apprehension. This would present a serious impediment to effective law 

enforcement since the subject could hinder or prevent the successful 

completion of the investigation. Further, confidential business and 

financial information, the identities of confidential sources of 

information, third party privacy information, and statutorily 

confidential information such as grand jury information must be 

protected from disclosure.

    (3) From subsections (e)(4)(G) and (H), and (f) because this system 

is exempt from the individual access provisions of subsection (d).

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

(c)(3), (d), (e)(4)(G) and (H), and (f):

    (1) Freedom of Information/Privacy--Requester/Subject Index File 

(JUSTICE/ATR-008).





These exemptions apply to the extent that information in this system is 

subject to exemption pursuant to 5 U.S.C. 552a (k)(2).

    (d) Because this system contains Department of Justice civil and 

criminal law enforcement, investigatory



[[Page 312]]



records, exemptions from the particular subsections are justified for 

the following reasons:

    (1) From subsection (c)(3) because the release of the accounting of 

disclosures made under subsection (b) of the Act would permit the 

subject of an investigation of an actual or potential criminal or civil 

violation to determine whether he is the subject of an investigation. 

Disclosure of accounting would therefore present a serious impediment to 

antitrust law enforcement efforts.

    (2) From subsection (d) because access to information in this system 

could result in the premature disclosure of the identity of the subject 

of an investigation of an actual or potential criminal or civil 

violation and information concerning the nature of the investigation. 

This information could enable the subject to avoid detection or 

apprehension. This would present a serious impendiment to effective law 

enforcement since the subject could hinder or prevent the successful 

completion of the investigation. Further, confidential business and 

financial information, the identities of confidential sources of 

information, third party privacy information, and statutorily 

confidential information such as grand jury information must be 

protected from disclosure.

    (3) From subsections (e)(4)(G) and (H), and (f) because this system 

is exempt from the individual access provisions of subsection (d).



[Order No. 2-86, 51 FR 884, Jan. 9, 1986]