[Code of Federal Regulations]

[Title 12, Volume 6]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 12CFR603.355]



[Page 20-21]

 

                       TITLE 12--BANKS AND BANKING

 

                 CHAPTER VI--FARM CREDIT ADMINISTRATION

 

PART 603_PRIVACY ACT REGULATIONS--Table of Contents

 

Sec. 603.355  Exemptions.



    (a) Specific. Pursuant to 5 U.S.C. 552a(k)(2), the investigatory 

material compiled for law enforcement purposes in the following systems 

of records is exempt from subsections (c)(3), (d), (e)(1), (e)(4) (G), 

(H), and (I) and (f) of 5 U.S.C. 552a and from the provisions of this 

part:



Farm Credit Bank loans--FCA.

Production Credit Association loans--FCA.

Agricultural Credit Association loans--FCA.

Federal Land Credit Association loans--FCA.

Agricultural Credit Bank loans--FCA.

Office of Inspector General Investigative Files--FCA.



    (b) General. (1) In addition, pursuant to 5 U.S.C. 552a (j)(2), 

investigatory materials compiled for criminal law enforcement in the 

system of records described in (b)(2) are exempt from all subsections of 

5 U.S.C. 552a, except (b), (c) (1) and (2), (e)(4) (A) through (F), (e) 

(6), (7), (9), (10), and (11), and (i). Exemptions from the particular 

subsections are justified for the following reasons:

    (i) From subsection (c)(3) because making available to a record 

subject the accounting of disclosures from records concerning him/her 

would reveal investigative interest on the part of the OIG. This would 

enable record subjects to impede the investigation by, for example, 

destroying evidence, intimidating potential witnesses, or fleeing the 

area to avoid inquiries or apprehension by law enforcement personnel.

    (ii) From subsection (c)(4) because this system is exempt from the 

access provisions of subsection (d) pursuant to subsection (j)(2) of the 

Privacy Act.

    (iii) From subsection (d) because the records contained in this 

system relate to official Federal investigations. Individual access to 

those records 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.

    (iv) From subsections (e) (1) and (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 the specific investigative process if it were necessary to 

assure the relevance, accuracy, timeliness and completeness of all 

information obtained.

    (v) 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



[[Page 21]]



existence of the investigation and would therefore be able to avoid 

detection, apprehension, or legal obligations or duties.

    (vi) 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.

    (vii) From subsections (e)(4) (G), and (H), and (I), (e)(8), (f), 

(g) and (h) because this system is exempt from the access provisions of 

subsection (d) pursuant to subsection (j) of the Privacy Act.

    (2) Office of Inspector General Investigative Files--FCA.



[56 FR 2673, Jan. 24, 1991, as amended at 57 FR 32421, July 22, 1992]