[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: 12CFR792.11]



[Page 699-700]

 

                       TITLE 12--BANKS AND BANKING

 

            CHAPTER VII--NATIONAL CREDIT UNION ADMINISTRATION

 

PART 792_REQUESTS FOR INFORMATION UNDER THE FREEDOM OF INFORMATION ACT 

AND PRIVACY ACT, AND BY SUBPOENA; SECURITY PROCEDURES FOR CLASSIFIED 

INFORMATION--Table of Contents

 

                Subpart A_The Freedom of Information Act

 

Sec. 792.11  What kind of records are exempt from public disclosure?



    (a) All records of NCUA or any officer, employee, or agent thereof, 

are confidential, privileged and exempt from disclosure, except as 

otherwise provided in this subpart, if they are:

    (1) Records specifically authorized under criteria established by an 

Executive Order to be kept secret in the interest of national defense or 

foreign policy and are in fact properly classified pursuant to an 

Executive Order.

    (2) Records related solely to NCUA internal personnel rules and 

practices. This exemption applies to internal rules or instructions 

which must be kept confidential in order to assure effective performance 

of the functions and activities for which NCUA is responsible and which 

do not materially affect members of the public. This exemption also 

applies to manuals and instructions to the extent that release of the 

information would permit circumvention of laws or regulations.

    (3) Specifically exempted from disclosure by statute, where the 

statute either makes nondisclosure mandatory or establishes particular 

criteria for withholding information.

    (4) Records which contain trade secrets and commercial or financial 

information which relate to the business, personal or financial affairs 

of any person or organization, are furnished to NCUA, and are 

confidential or privileged. This exemption includes, but is not limited 

to, various types of confidential sales and cost statistics, trade 

secrets, and names of key customers and personnel. Assurances of 

confidentiality given by staff are not binding on NCUA.

    (5) Inter-agency or intra-agency memoranda or letters which would 

not be available by law to a private party in litigation with NCUA. This 

exemption preserves the existing freedom of NCUA officials and employees 

to engage in full and frank written or taped communications with each 

other and with officials and employees of other agencies. It includes, 

but is not limited to, inter-agency and intra-agency reports, memoranda, 

letters, correspondence, work papers, and minutes of meetings, as well 

as staff papers prepared for use within NCUA or in concert with other 

governmental agencies.

    (6) Personnel, medical, and similar files (including financial 

files), the disclosure of which without written permission would 

constitute a clearly unwarranted invasion of personal privacy. Files 

exempt from disclosure include, but are not limited to:

    (i) The personnel records of the NCUA;

    (ii) The personnel records voluntarily submitted by private parties 

in response to NCUA's requests for proposals; and

    (iii) Files containing reports, records or other material pertaining 

to individual cases in which disciplinary or other administrative action 

has been or may be taken.

    (7) Records or information compiled for law enforcement purposes, 

but only to the extent that the production of such law enforcement 

records or information:

    (i) Could reasonably be expected to interfere with enforcement 

proceedings;

    (ii) Would deprive a person of a right to a fair trial or an 

impartial adjudication;

    (iii) Could reasonably be expected to constitute an unwarranted 

invasion of personal privacy;

    (iv) Could reasonably be expected to disclose the identity of a 

confidential source, including a state, local, or foreign agency or 

authority or any private institution which furnished information on a 

confidential basis, and, in the case of a record or information compiled 

by a criminal law enforcement authority in the course of a



[[Page 700]]



criminal investigation on or by an agency conducting a lawful national 

security intelligence investigation, information furnished by the 

confidential source;

    (v) Would disclose techniques and procedures for law enforcement 

investigation or prosecutions, or would disclose guidelines for law 

enforcement investigations or prosecutions if such disclosure could 

reasonably be expected to risk circumvention of the law; or

    (vi) Could reasonably be expected to endanger the life or physical 

safety of any individual. This includes, but is not limited to, 

information relating to enforcement proceedings upon which NCUA has 

acted or will act in the future.

    (8) Contained in or related to examination, operating or condition 

reports prepared by, or on behalf of, or for the use of NCUA or any 

agency responsible for the regulation or supervision of financial 

institutions. This includes all information, whether in formal or 

informal report form, the disclosure of which would harm the financial 

security of credit unions or would interfere with the relationship 

between NCUA and credit unions.

    (b) We will provide any reasonably segregable portion of a requested 

record after deleting those portions that are exempt from disclosure 

under this section.