[Code of Federal Regulations]
[Title 34, Volume 1]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 34CFR5.71]

[Page 11-12]
 
                           TITLE 34--EDUCATION
 
PART 5_AVAILABILITY OF INFORMATION TO THE PUBLIC PURSUANT TO PUB. L. 90-23
--Table of Contents
 
               Subpart F_Availability of Specific Records
 
Sec. 5.71  Protection of personal privacy and proprietary information.

    As set forth with more particularity below, certain types of 
information in whatever record or document contained shall not be 
disclosed where disclosure would be inconsistent with individual rights 
of personal privacy or would violate obligations of confidentiality.
    (a) No disclosure will be made of information of a personal and 
private nature, such as information in personnel and medical files, in 
welfare and social

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security records and any other information of a private and personal 
nature.
    (b) Information having a commercial or financial value and in which 
the person providing the information has a proprietary interest will not 
be disclosed if it is in fact confidential. In determining whether such 
information is in fact confidential, consideration may be given to such 
factors as (1) the general custom or usage in the occupation or business 
to which the information relates that it be held confidential, (2) the 
number and situation of the individuals who have access to such 
information, (3) the type and degree of risk of financial injury to be 
expected if disclosure occurs, and (4) the length of time such 
information should be regarded as retaining the characteristics noted 
above.
    (c) Information obtained by the Department from any individual or 
organization, who furnishes it in reliance upon a provision for 
confidentiality authorized by applicable statute or regulation, will not 
be disclosed. This subpart does not itself authorize the giving of any 
pledge of confidentiality by any officer or employee of the Department.

This section does not preclude use of nondiscloseable records or 
information from such records for authorized program purposes, including 
law enforcement purposes and litigation. Release of information of the 
nature described in this section to the individual or the organization 
to whom the information pertains or to an authorized representative of 
either will not be deemed a disclosure within the meaning of this part.