[Code of Federal Regulations]
[Title 28, Volume 1]
[Revised as of July 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 28CFR16.103]

[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. 16.103  Exemption of the INTERPOL-United States National Central Bureau 

(INTERPOL-USNCB) System.

    (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 
(8), (f) and (g):
    (1) The INTERPOL-United States National Central Bureau (INTERPOL-
USNCB) (Department of Justice) INTERPOL-USNCB Records System (JUSTICE/
INTERPOL-001).


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), (k)(2), 
and (k)(5).
    (b) Exemptions from the particular subsections are justified for the 
following reasons:
    (1) From subsection (c)(3) because the release of accounting 
disclosures would place the subject of an investigation on notice that 
he is under investigation and provide him with significant information 
concerning the nature of the investigation, thus resulting in a serious 
impediment to law enforcement.
    (2) From subsections (c)(4), (d), (e)(4) (G), and (H), (f) and (g) 
because these provisions concern individual access to records and such 
access might compromise ongoing investigations reveal investigatory 
techniques and confidential informants, and invade the privacy of 
private citizens who provide information in connection with a particular 
investigation.
    (3) From subsection (e)(1) because information received in the 
course of an international criminal investigation may involve a 
violation of state or local law, and it is beneficial to maintain this 
information to provide investigative leads to state and local law 
enforcement agencies.
    (4) From subsection (e)(2) because collecting information from the 
subject of criminal investigations would thwart the investigation by 
placing the subject on notice.
    (5) From subsection (e)(3) because supplying an individual with a 
statement of the intended use of the requested information could 
compromise the existence of a confidential investigation, and may 
inhibit cooperation.
    (6) From subsection (e)(5) because the vast majority of these 
records come from local criminal justice agencies and it is 
administratively impossible to ensure that the records comply with this 
provision. Submitting agencies are, however, urged on a continuing basis 
to ensure that their records are accurate and include all dispositions.
    (7) From subsection (e)(8) because the notice requirements of this 
provision could present a serious impediment to law enforcement by 
revealing investigative techniques, procedures, and

[[Page 372]]

the existence of confidential investigations.

[Order No. 8-82, 47 FR 44255, Oct. 7, 1982, as amended by Order No. 6-
86, 51 FR 15479, Apr. 24, 1986]