[Code of Federal Regulations]
[Title 12, Volume 3]
[Revised as of January 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 12CFR261a.13]

[Page 743-744]
 
                       TITLE 12--BANKS AND BANKING
 
                   CHAPTER II--FEDERAL RESERVE SYSTEM
 
PART 261a_RULES REGARDING ACCESS TO PERSONAL INFORMATION UNDER THE 
PRIVACY ACT OF 1974--Table of Contents
 
                        Subpart D_Exempt Records
 
Sec. 261a.13  Exemptions.


    (a) Information compiled for civil action. Nothing in this 
regulation shall allow an individual access to any information compiled 
in reasonable anticipation of a civil action or proceeding.
    (b) Law enforcement information. Pursuant to section (k)(2) of the 
Privacy Act of 1974 (5 U.S.C. 552a(k)(2)), the Board has deemed it 
necessary to exempt certain designated systems of records maintained by 
the Board from the requirements of the Privacy Act concerning access to 
accountings of disclosures and to records, maintenance of only relevant 
and necessary information in files, and certain publication provisions, 
respectively, 5 U.S.C. 552a (c)(3), (d), (e)(1), (e)(4)(G), (H) and (I), 
and (f), and Sec. Sec. 261a.5, 261a.7 and 261a.8 of this part. 
Accordingly, the following designated systems of records are exempt from 
these provisions, but only to the extent that they contain investigatory 
materials compiled for law enforcement purposes:
    (1) BGFRS-1 Recruiting and Placement Records.
    (2) BGFRS-2 Personnel Background Investigation Reports.
    (3) BGFRS-4 General Personnel Records.
    (4) BGFRS-5 EEO Discrimination Complaint File.
    (5) BGFRS-9 Consultant and Staff Associate File.
    (6) BGFRS-18 Consumer Complaint Information System.
    (7) BGFRS-21 Supervisory Tracking and Reference System.
    (8) BGFRS/OIG-1 OIG Investigatory Records.
    (9) BGFRS-31 Protective Information System.
    (10) BGFRS--32 Visitor Log.
    (c) Confidential references. Pursuant to section (k)(5) of the 
Privacy Act of 1974 (5 U.S.C. 552a(k)(5)), the Board has deemed it 
necessary to exempt certain designated systems of records maintained by 
the Board from the requirements of the Privacy Act concerning access to 
accountings of disclosures and to records, maintenance of only relevant 
and necessary information in files, and certain publication provisions, 
respectively 5 U.S.C. 552a(c)b(3), (d), (e)(1), (e)(4)(G), (H) and (I), 
and (f), and Sec. Sec. 261a.5, 261a.7 and 261a.8 of this part. 
Accordingly, the following systems of records are exempt from these 
provisions, but only to the extent that they contain investigatory 
material compiled to determine an individual's suitability, eligibility, 
and qualifications for Board employment or access to classified 
information, and the disclosure of such material would reveal the 
identity of a source who furnished information to the Board under a 
promise of confidentiality.
    (1) BGFRS-1 Recruiting and Placement Records.
    (2) BGFRS-2 Personnel Background Investigation Reports.
    (3) BGFRS-4 General Personnel Records.
    (4) BGFRS-9 Consultant and Staff Associate File.
    (5) BGFRS-10 General File on Board Members.
    (6) BGFRS-11 Official General Files.
    (7) BGFRS-13 General File of Examiners and Assistant Examiners at 
Federal Reserve Banks.
    (8) BGFRS-14 General File of Federal Reserve Bank and Branch 
Directors.
    (9) BGFRS-15 General Files of Federal Reserve Agents, Alternates and 
Representatives at Federal Reserve Banks.
    (10) BGFRS/OIG-2 OIG Personnel Records.
    (11) BGFRS-25 Multi-rater Feedback Records.
    (d) Criminal law enforcement information. Pursuant to 5 U.S.C. 
552a(j)(2), the Board has determined that portions of

[[Page 744]]

the OIG Investigatory Records (BGFRS/OIG-1) shall be exempt from any 
part of the Privacy Act (5 U.S.C. 552a), except the provisions regarding 
disclosure, the requirement to keep an accounting, certain publication 
requirements, certain requirements regarding the proper maintenance of 
systems of records, and the criminal penalties for violation of the 
Privacy Act, respectively, 5 U.S.C. 552a (b), (c)(1), and (2), (e)(4) 
(A) through (F), (e)(6), (e)(7), (e)(9), (e)(10), (e)(11) and (i). This 
designated system of records is maintained by the OIG, a Board component 
that performs as its principal function an activity pertaining to the 
enforcement of criminal laws. The exempt portions of the records consist 
of:
    (1) Information compiled for the purpose of identifying individual 
criminal offenders and alleged offenders;
    (2) Information compiled for the purpose of a criminal 
investigation, including reports of informants and investigators, and 
associated with an identifiable individual; or
    (3) Reports identifiable to an individual compiled at any stage of 
the process of enforcement of the criminal laws from arrest or 
indictment through release from supervision.

[60 FR 3341, Jan. 17, 1995, as amended at 65 FR 34392, May 30, 2000; 66 
FR 19718, Apr. 17, 2001; 66 FR 20863, Apr. 25, 2001; 67 FR 44526, July 
3, 2002]