[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: 28CFR16.89]



[Page 312-314]

 

                    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. 16.89  Exemption of Civil Division Systems--limited access.



    (a) The following systems of records are exempted pursuant to 5 

U.S.C. 552a(j)(2) from subsections (c) (3) and (4), (d), (e)(1), (e)(2), 

(e)(3), (e)(4) (G) and (H), (e)(5), (e)(8), and (g); in addition, the 

following systems of records are exempted pursuant to 5 U.S.C. 552a 

(k)(1) and (k)(2) from subsections (c)(3), (d), (e)(1), (e)(4) (G) and 

(H):

    (1) Civil Division Case File System, JUSTICE/CIV-001.

    (2) Freedom of Information/Privacy Acts File System, JUSTICE/CIV-

005.





These exemptions apply only to the extent that information in these 

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

and (k)(2).

    (b) Only that information which relates to the investigation, 

prosecution, or defense of actual or potential criminal or civil 

litigation, or which has been properly classified in the interest of 

national defense and foreign policy is exempted for the reasons set 

forth from the following subsections:

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

matter or case under investigation with an accounting of disclosures of 

records concerning him or her would inform that individual (and others 

to whom the subject might disclose the records) of the existence, 

nature, or scope of that investigation and thereby seriously impede law 

enforcement efforts by permitting the record subject and others to avoid 

criminal penalties and civil remedies.

    (2) Subsections (c)(4), (e)(4) (G) and (H), and (g). These 

provisions are inapplicable to the extent that these systems of records 

are exempted from subsection (d).

    (3) Subsection (d). To the extent that information contained in 

these systems has been properly classified, relates to the investigation 

and/or prosecution of grand jury, civil fraud, and other law enforcement 

matters, disclosure could compromise matters which should be kept secret 

in the interest of national security or foreign policy; compromise 

confidential investigations or proceedings; hamper sensitive civil or 

criminal investigations; impede affirmative enforcement actions based 

upon alleged violations of regulations or of civil or criminal laws; 

reveal the identity of confidential sources; and result in unwarranted 

invasions of the privacy of others. 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) Subsection (e)(1). In the course of criminal or civil 

investigations, cases, or matters, the Civil Division may obtain 

information concerning the actual or potential violation of laws which 

are not strictly within its statutory authority. In the interest of 

effective law



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enforcement, it is necessary to retain such information since it may 

establish patterns of criminal activity or avoidance of other civil 

obligations and provide leads for Federal and other law enforcement 

agencies.

    (5) Subsection (e)(2). To collect information from the subject of a 

criminal investigation or prosecution would present a serious impediment 

to law enforcement in that the subject (and others to whom the subject 

might be in contact) would be informed of the existence of the 

investigation and would therefore be able to avoid detection or 

apprehension, to influence witnesses improperly, to destroy evidence, or 

to fabricate testimony.

    (6) Subsection (e)(3). To comply with this requirement during the 

course of a criminal investigation or prosecution could jeopardize the 

investigation by disclosing the existence of a confidential 

investigation, revealing the identity of witnesses or confidential 

informants, or impeding the information gathering process.

    (7) Subsection (e)(5). In compiling information for criminal law 

enforcement purposes, the accuracy, completeness, timeliness and 

relevancy of the information obtained cannot always be immediately 

determined. As new details of an investigation come to light, seemingly 

irrelevant or untimely information may acquire new significance and the 

accuracy of such information can often only be determined in a court of 

law. Compliance with this requirement would therefore restrict the 

ability of government attorneys in exercising their judgment in 

developing information necessary for effective law enforcement.

    (8) Subsection (e)(8). To serve notice would give persons sufficient 

warning to evade law enforcement efforts.

    (c) The following system of records is exempted pursuant to 5 U.S.C. 

552a(j)(2) from subsections (c) (3) and (4), (d), (e)(1) and (e)(5); in 

addition, this system is also exempted pursuant to 5 U.S.C. 552a(k)(2) 

from subsections (c)(3), (d), and (e)(1).



Consumer Inquiry/Investigatory System, JUSTICE/CIV-006.





These exemptions apply only to the extent that information in this 

system of records is subject to exemption pursuant to 5 U.S.C. 552a 

(j)(2) and (k)(2).

    (d) Only that information compiled for criminal or civil law 

enforcement purposes is exempted for the reasons set forth from the 

following subsections:

    (1) Subsections (c)(3). This system occasionally contains 

investigatory material based on complaints of actual or alleged criminal 

or civil violations. To provide the subject of a criminal or civil 

matter or case under investigation with an accounting of disclosures of 

records concerning him/her would inform that individual of the 

existence, nature, or scope of that investigation, and thereby seriously 

impede law enforcement efforts by permitting the record subject and 

other persons to whom he might disclose the records to avoid criminal 

penalties and civil remedies.

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

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

    (3) Subsection (d). Disclosure of information relating to the 

investigation of complaints of alleged violation of criminal or civil 

law could interfere with the investigation, reveal the identity of 

confidential sources, and result in an unwarranted invasion of the 

privacy of others. 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) Subsection (e)(1). In the course of criminal or civil 

investigations, cases, or matters, the Civil Division may obtain 

information concerning the actual or potential violation of laws which 

are not strictly within its statutory authority. In the interest of 

effective law enforcement, it is necessary to retain such information 

since it may establish patterns of criminal activity or avoidance of 

other civil obligations and provide leads for Federal and other law 

enforcement agencies.

    (5) Subsection (e)(5). In compiling information for criminal law 

enforcement purposes, the accuracy, completeness, timeliness and 

relevancy of



[[Page 314]]



the information obtained cannot always be immediately determined. As new 

details of an investigation come to light, seemingly irrelevant or 

untimely information may acquire new significance and the accuracy of 

such information can often only be determined in a court of law. 

Compliance with this requirement would therefore restrict the ability of 

government attorneys in exercising their judgment in developing 

information necessary for effective law enforcement.

    (e) The following system of records is exempt pursuant to 5 U.S.C. 

552a (j)(2) and (k)(2) from subsection (d):



Congressional and Citizen Correspondence File, JUSTICE/CIV-007.





This exemption applies only to the extent that information in this 

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

(k)(2).

    (f) Only that portion of the Congressional and Citizen 

Correspondence File maintained by the Communications Office which 

consists of criminal or civil investigatory information is exempted for 

the reasons set forth from the following subsection:

    (1) Subsection (d). Disclosure of investigatory information would 

jeopardize the integrity of the investigative process, disclose the 

identity of individuals who furnished information to the government 

under an express or implied promise that their identities would be held 

in confidence, and result in an unwarranted invasion of the privacy of 

others. 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.



[Order No. 27-88, 54 FR 113, Jan. 4, 1989]