[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: 28CFR16.77]

[Page 302]
 
                    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. 16.77  Exemption of U.S. Trustee Program System--limited access.

    (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) U.S. Trustee Program Case Referral System, JUSTICE/UST-004.


These exemptions apply to the extent that information in this system is 
subject to exemption pursuant to 5 U.S.C. 552a(j)(2) and (k)(2).
    (b) Exemptions from the particular subsections are justified for the 
following reasons:
    (1) From subsection (c)(3) because the release of the disclosure 
accounting would permit the subject of an investigation to obtain 
valuable information concerning the nature of that investigation. 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) since an exemption being claimed for 
subsection (d) makes this subsection inapplicable.
    (3) From subsection (d) because access to the records contained in 
this system 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 (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 interest 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 criminal investigation the 
requirement that information be collected to the greatest extent 
possible from the subject individual would present a serious impediment 
to law enforcement because the subject of the investigation would be 
placed on notice as to 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) From subsection (e)(3) because the requirement that individuals 
supplying information be provided with a form stating the requirements 
of subsection (e)(3) would constitute a serious impediment to law 
enforcement in that it would compromise the existence of a confidential 
investigation or reveal the identity of witnesses or confidential 
informants.
    (7) From subsections (e)(4) (G) and (H) because this system of 
records is exempt from the access provisions of subsection (d) pursuant 
to subsections (j) and (k).
    (8) From subsection (e)(8) because the individual notice requirement 
of this subsection could present a serious impediment to law enforcement 
in that this could interfere with the U.S. Attorney's ability to issue 
subpoenas.
    (9) From subsections (f) and (g) because this system has been 
exempted from the access provisions of subsection (d).

[Order No. 1-87, 52 FR 3631, Feb. 5, 1987]