[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: 28CFR16.71]

[Page 292-294]
 
                    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. 16.71  Exemption of the Office of the Deputy Attorney General System--

limited access.

    (a) The following systems of records and exempt from 5 U.S.C. 
552a(d)(1) and (e)(1):
    (1) Presidential Appointee Candidate Records System (JUSTICE/DAG-
006).
    (2) Presidential Appointee Records System (JUSTICE/DAG-007).
    (3) Special Candidates for Presidential Appointments Records System 
(JUSTICE/DAG-008).
    (4) Miscellaneous Attorney Personnel Records System (JUSTICE/DAG-
011).


These exemptions apply only to the extent that information in these 
systems is subject to exemption pursuant to 5 U.S.C. 552a(k)(5).
    (b) Exemptions from the particular subsections are justified for the 
following reasons:
    (1) From subsection (d)(1) because many persons are contacted who, 
without an assurance of anonymity, refuse to provide information 
concerning a candidate for a Presidential appointee or Department 
attorney position. Access could reveal the identity of the source of the 
information and constitute a breach of the promise of confidentiality on 
the part of the Department of Justice. Such breaches ultimately would 
restrict the free flow of information vital to a determination of a 
candidate's qualifications and suitability.

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    (2) From subsection (e)(1) because in the collection of information 
for investigative and evaluative purposes, it is impossible to determine 
in advance what exact information may be of assistance in determining 
the qualifications and suitability of a candidate. Information which may 
appear irrelevant, when combined with other seemingly irrelevant 
information, can on occasion provide a composite picture of a candidate 
for a position which assists in determining whether that candidate 
should be nominated for appointment.
    (c) The following systems of records are exempt from 5 U.S.C. 
552a(c)(3) and (4); (d); (e)(1), (2), (3) and (5); and (g):
    (1) Drug Enforcement Task Force Evaluation and Reporting System 
(JUSTICE/DAG-003).
    (2) General Files System of the Office of the Deputy Attorney 
General (JUSTICE/DAG-013).
    (d) In addition, the Drug Enforcement Task Force Evaluation and 
Reporting System is exempt from 5 U.S.C. 552a(e)(4)(G) and (H). The 
exemptions for the Drug Enforcement Task Force Evaluation and Reporting 
System apply only to the extent that information is subject to exemption 
pursuant to 5 U.S.C. 552a(j)(2) and (K)(2). The exemptions for the 
General Files System apply only to the extent that information is 
subject to exemption pursuant to 5 U.S.C. 552a(j)(2), (k)(1), (k)(2) and 
(k)(5).
    (e) 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 
could 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. Further, making available to a record 
subject the accounting of disclosures could reveal the identity of a 
confidential source. In addition, release of an accounting of 
disclosures from the General Files System may reveal information that is 
properly classified pursuant to Executive Order 12356, and thereby cause 
damage to the national security.
    (2) From subsection (c)(4) because these systems are 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 these 
systems relate to official Federal investigations. Individual access to 
these records could compromise ongoing investigations, reveal 
confidential informants and/or sensitive investigative techniques used 
in particular investigations, or constitute unwarranted invasions of the 
personal privacy of third parties who are involved in a certain 
investigation. In addition, release of records from the General Files 
System may reveal information that is properly classified pursuant to 
Executive Order 12356, and thereby cause damage to the national 
security. Amendment of the records in either of these systems would 
interfere with ongoing law enforcement proceedings and impose an 
impossible administrative burden by requiring law enforcement 
investigations to be continuously reinvestigated.
    (4) From subsections (e)(1) and (e)(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 any investigative process, whether civil or criminal, 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 may therefore be able to avoid detection, apprehension, or legal 
obligations or duties.

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    (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 no access to these 
records is available under subsection (d) of the Privacy Act. (This 
exemption applies only to the Drug Enforcement Task Force Evaluation and 
Reporting System.)
    (8) From subsection (g) because these systems of records are exempt 
from the access and amendment provisions of subsection (d) pursuant to 
subsections (j) and (k) of the Privacy Act.

[Order No. 57-91, 56 FR 58305, Nov. 19, 1991]