[Code of Federal Regulations]

[Title 28, Volume 1]

[Revised as of July 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 28CFR16.71]



[Page 293-294]

 

                    TITLE 28--JUDICIAL ADMINISTRATION

 

                    CHAPTER I--DEPARTMENT OF JUSTICE

 

PART 16_PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION--Table of 

Contents

 

      Subpart E_Exemption of Records Systems Under the Privacy Act

 

Sec. 16.71  Exemption of the Office of the Deputy Attorney General 

System--limited access.



    (a) The following systems of records and exempt from 5 U.S.C. 

552a(d)(1) and (e)(1):

    (1) Presidential Appointee Candidate Records System (JUSTICE/DAG-

006).

    (2) Presidential Appointee Records System (JUSTICE/DAG-007).

    (3) Special Candidates for Presidential Appointments Records System 

(JUSTICE/DAG-008).

    (4) Miscellaneous Attorney Personnel Records System (JUSTICE/DAG-

011).





These exemptions apply only to the extent that information in these 

systems is subject to exemption pursuant to 5 U.S.C. 552a(k)(5).

    (b) Exemptions from the particular subsections are justified for the 

following reasons:

    (1) From subsection (d)(1) because many persons are contacted who, 

without an assurance of anonymity, refuse to provide information 

concerning a candidate for a Presidential appointee or Department 

attorney position. Access could reveal the identity of the source of the 

information and constitute a breach of the promise of confidentiality on 

the part of the Department of Justice. Such breaches ultimately would 

restrict the free flow of information vital to a determination of a 

candidate's qualifications and suitability.

    (2) From subsection (e)(1) because in the collection of information 

for investigative and evaluative purposes, it is impossible to determine 

in advance what exact information may be of assistance in determining 

the qualifications and suitability of a candidate. Information which may 

appear irrelevant, when combined with other seemingly irrelevant 

information, can on occasion provide a composite picture of a candidate 

for a position which assists in determining whether that candidate 

should be nominated for appointment.

    (c) The following systems of records are exempt from 5 U.S.C. 

552a(c)(3) and (4); (d); (e)(1), (2), (3) and (5); and (g):

    (1) Drug Enforcement Task Force Evaluation and Reporting System 

(JUSTICE/DAG-003).

    (2) General Files System of the Office of the Deputy Attorney 

General (JUSTICE/DAG-013).

    (d) In addition, the Drug Enforcement Task Force Evaluation and 

Reporting System is exempt from 5 U.S.C. 552a(e)(4)(G) and (H). The 

exemptions for the Drug Enforcement Task Force Evaluation and Reporting 

System apply only to the extent that information is subject to exemption 

pursuant to 5 U.S.C. 552a(j)(2) and (K)(2). The exemptions for the 

General Files System apply only to the extent that information is 

subject to exemption pursuant to 5 U.S.C. 552a(j)(2), (k)(1), (k)(2) and 

(k)(5).

    (e) Exemptions from the particular subsections are justified for the 

following reasons:

    (1) From subsection (c)(3) because making available to a record 

subject the accounting of disclosures from records concerning him/her 

could reveal investigative interest on the part of the Department of 

Justice, as well as the recipient agency. This would permit record 

subjects to impede the investigation, e.g., destroy evidence, intimidate 

potential witnesses, or flee the area to avoid inquiries or apprehension 

by law enforcement personnel. Further, making available to a record 

subject the accounting of disclosures could reveal the identity of a 

confidential source. In addition, release of an accounting of 

disclosures from the General Files System may reveal information that is 

properly classified pursuant to Executive Order 12356, and thereby cause 

damage to the national security.

    (2) From subsection (c)(4) because these systems are exempt from the 

access provisions of subsection (d) pursuant to subsections (j) and (k) 

of the Privacy Act.

    (3) From subsection (d) because the records contained in these 

systems relate to official Federal investigations. Individual access to 

these records could compromise ongoing investigations, reveal 

confidential informants and/or



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sensitive investigative techniques used in particular investigations, or 

constitute unwarranted invasions of the personal privacy of third 

parties who are involved in a certain investigation. In addition, 

release of records from the General Files System may reveal information 

that is properly classified pursuant to Executive Order 12356, and 

thereby cause damage to the national security. Amendment of the records 

in either of these systems would interfere with ongoing law enforcement 

proceedings and impose an impossible administrative burden by requiring 

law enforcement investigations to be continuously reinvestigated.

    (4) From subsections (e)(1) and (e)(5) because in the course of law 

enforcement investigations information may occasionally be obtained or 

introduced the accuracy of which is unclear or which is not strictly 

relevant or necessary to a specific investigation. In the interests of 

effective law enforcement, it is appropriate to retain all information 

that may aid in establishing patterns of criminal activity. Moreover, it 

would impede any investigative process, whether civil or criminal, if it 

were necessary to assure the relevance, accuracy, timeliness and 

completeness of all information obtained.

    (5) From subsection (e)(2) because in a law enforcement 

investigation the requirement that information be collected to the 

greatest extent possible from the subject individual would present a 

serious impediment to law enforcement in that the subject of the 

investigation would be informed of the existence of the investigation 

and may therefore be able to avoid detection, apprehension, or legal 

obligations or duties.

    (6) From subsection (e)(3) because to comply with the requirements 

of this subsection during the course of an investigation could impede 

the information gathering process, thus hampering the investigation.

    (7) From subsections (e)(4) (G) and (H) because no access to these 

records is available under subsection (d) of the Privacy Act. (This 

exemption applies only to the Drug Enforcement Task Force Evaluation and 

Reporting System.)

    (8) From subsection (g) because these systems of records are exempt 

from the access and amendment provisions of subsection (d) pursuant to 

subsections (j) and (k) of the Privacy Act.



[Order No. 57-91, 56 FR 58305, Nov. 19, 1991]