[Code of Federal Regulations]
[Title 45, Volume 4]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 45CFR1602.9]

[Page 422-423]
 
                        TITLE 45--PUBLIC WELFARE
 
                 CHAPTER XVI--LEGAL SERVICES CORPORATION
 
PART 1602--PROCEDURES FOR DISCLOSURE OF INFORMATION UNDER THE FREEDOM OF INFORMATION ACT--Table of Contents
 
Sec. 1602.9  Exemptions for withholding records.

    (a) A requested record of the Corporation may be withheld from 
public disclosure only if one or more of the following categories 
exempted by the FOIA apply:
    (1) Matter which is related solely to the internal personnel rules 
and practices of the Corporation;
    (2) Matter which is specifically exempted from disclosure by statute 
(other than the exemptions under FOIA at 5 U.S.C. 552(b)), provided that 
such statute requires that the matters be withheld from the public in 
such a manner as to leave no discretion on the issues, or establishes 
particular criteria for withholding, or refers to particular types of 
matters to be withheld;
    (3) Trade secrets and commercial or financial information obtained 
from a person and privileged or confidential;
    (4) Inter-agency or intra-agency memoranda or letters which would 
not be available by law to a party other than an agency in litigation 
with the Corporation;
    (5) Personnel and medical files and similar files, the disclosure of 
which would constitute a clearly unwarranted invasion of personal 
privacy;
    (6) Records or information compiled for law enforcement purposes 
including enforcing the Legal Services Corporation Act or any other law, 
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;

[[Page 423]]

    (ii) Would deprive a person or a recipient 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 criminal 
investigation, information furnished by a confidential source;
    (v) Would disclose techniques and procedures for law enforcement 
investigations 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;
    (b) In the event that one or more of the exemptions in paragraph (a) 
of this section apply, any reasonably segregable portion of a record 
shall be provided to the requester after deletion of the portions that 
are exempt. The amount of information deleted shall be indicated on the 
released portion of the record, unless doing so would harm the interest 
protected by the exemption under which the deletion is made. If 
technically feasible, the amount of information deleted shall be 
indicated at the place in the record where the deletion is made. In 
appropriate circumstances, at the discretion of the Corporation 
officials authorized to grant or deny a request for records, and after 
appropriate consultation as provided in Sec. 1602.10, it may be possible 
to provide a requester with:
    (1) A summary of information in the exempt portion of a record; or
    (2) An oral description of the exempt portion of a record.
    (c) No requester shall have a right to insist that any or all of the 
techniques in paragraph (b) of this section should be employed in order 
to satisfy a request.
    (d) Records that may be exempt from disclosure pursuant to paragraph 
(a) of this section may be made available at the discretion of the 
Corporation official authorized to grant or deny the request for 
records, after appropriate consultation as provided in Sec. 1602.10. 
Records may be made available pursuant to this paragraph when disclosure 
is not prohibited by law, and it does not appear adverse to legitimate 
interests of the Corporation, the public, a recipient, or any person.