[Code of Federal Regulations]
[Title 29, Volume 4]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1611.13]

[Page 249]
 
                             TITLE 29--LABOR
 
                               COMMISSION
 
PART 1611--PRIVACY ACT REGULATIONS--Table of Contents
 
Sec. 1611.13  Specific exemptions.

    Pursuant to subsection (k)(2) of the Act, 5 U.S.C. 552a(k)(2), 
systems EEOC-1 (Age and Equal Pay Act Discrimination Case Files), EEOC-3 
(title VII and Americans With Disabilities Act Discrimination Case 
Files) and EEOC/GOVT-1 (Equal Employment Opportunity Complaint Records 
and Appeal Records) are exempt from subsections (c)(3), (d), (e)(1), 
(e)(4)(G), (e)(4)(H), (e)(4)(I) and (f) of the Act. The Commission has 
determined to exempt these systems from the above named provisions of 
the Privacy Act for the following reasons:
    (a) The files in these systems contain information obtained by the 
Commission and other Federal agencies in the course of investigations of 
charges and complaints that violations of title VII of the Civil Rights 
Act, the Age Discrimination in Employment Act, the Equal Pay Act, the 
Americans With Disabilities Act and the Rehabilitation Act have 
occurred. In some instances, agencies obtain information regarding 
unlawful employment practices other than those complained of by the 
individual who is the subject of the file. It would impede the law 
enforcement activities of the Commission and other agencies for these 
provisions of the Act to apply to such records.
    (b) The subject individuals of the files in these systems know that 
the Commission or their employing agencies are maintaining a file on 
their charge or complaint, and the general nature of the information 
contained in it.
    (c) Subject individuals of the files in each of these systems have 
been provided a means of access to their records by the Freedom of 
Information Act. Subject individuals of the charge files in system EEOC-
3 have also been provided a means of access to their records by section 
83 of the Commission's Compliance Manual. Subject individuals of the 
case files in system EEOC/GOVT-1 have also been provided a means of 
access to their records by the Commission's Equal Employment Opportunity 
in the Federal Government regulation, 29 CFR 1613.220.
    (d) Many of the records contained in system EEOC/GOVT-1 are obtained 
from other systems of records. If such records are incorrect, it would 
be more appropriate for an individual to seek to amend or correct those 
records in their primary filing location so that notice of the 
correction can be given to all recipients of that information.
    (e) Subject individuals of the files in each of these systems have 
access to relevant information provided by the allegedly discriminating 
employer as part of the investigatory process and are given the 
opportunity to explain or contradict such information and to submit any 
responsive evidence of their own. To allow such individuals the 
additional right to amend or correct the records submitted by the 
allegedly discriminating employer would undermine the investigatory 
process and destroy the integrity of the administrative record.
    (f) The Commission has determined that the exemption of these three 
systems from subsections (c)(3), (d), (e)(1), (e)(4)(G), (e)(4)(H), 
(e)(4)(I), and (f) of the Privacy Act is necessary for the agency's law 
enforcement efforts.

[56 FR 29582, June 28, 1991]