[Code of Federal Regulations]
[Title 11, Volume 1]
[Revised as of January 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 11CFR1.14]

[Page 8-9]
 
                       TITLE 11--FEDERAL ELECTIONS
 
                 CHAPTER I--FEDERAL ELECTION COMMISSION
 
PART 1_PRIVACY ACT--Table of Contents
 
Sec.  1.14  Specific exemptions.

    (a) No individual, under the provisions of these regulations, shall 
be entitled to access to materials compiled in its systems of records 
identified as FEC audits and investigations (FEC 2) or FEC compliance 
actions (FEC 3). These exempted systems relate to the Commission's power 
to exercise exclusive civil jurisdiction over the enforcement of the Act 
under 2 U.S.C. 437d (a)(6) and (e); and to defend itself in actions 
filed against it under 2 U.S.C. 437d(a)(6). Further the Commission has a 
duty to investigate violations of the Act under 2 U.S.C. 437g(a)(2); to 
conduct audits and investigations pursuant to 2 U.S.C. 438(b); 26 U.S.C. 
9007 and 9038; and to refer apparent violations of the Act to the 
Attorney General or other law enforcement authorities under 2 U.S.C. 
437g(a)(5) and 437d(9). Information contained in FEC systems 2

[[Page 9]]

and 3 contain the working papers of the Commission staff and form the 
basis for either civil and/or criminal proceedings pursuant to the 
exercise of the powers and duties of the Commission. These materials 
must be protected until such time as they are subject to public access 
under the provision of 2 U.S.C. 437g(a)(4)(B) or 5 U.S.C. 552, or other 
relevant statutes.
    (b)(1) Pursuant to 5 U.S.C. 552a(j)(2), records contained in FEC 12, 
Office of Inspector General Investigative Files, are exempt from the 
provisions of 5 U.S.C. 552a, except subsections (b), (c) (1) and (2), 
(e)(4) (A) through (F), (e) (6), (7), (9), (10), and (11) and (f) , and 
the corresponding provisions of 11 CFR part 1, to the extent this system 
of records relates in any way to the enforcement of criminal laws.
    (2) Pursuant to 5 U.S.C. 552a(k)(2), FEC 12, Office of Inspector 
General Investigative Files, is exempt from 552a (c)(3), (d), (e)(1), 
(e)(4)(G), (H), and (I), and (f), and the corresponding provisions of 11 
CFR part 1, to the extent the system of records consists of 
investigatory material compiled for law enforcement purposes, except for 
material that falls within the exemption included in paragraph (b)(1) of 
this section.
    (c) The provisions of paragraph (a) of this section shall not apply 
to the extent that application of the subsection would deny any 
individual any right, privilege or benefit to which he or she would 
otherwise be entitled to receive.

[41 FR 43064, Sept. 29, 1976, as amended at 45 FR 21209, Apr. 1, 1980; 
60 FR 4073, Jan. 20, 1995]