[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: 28CFR16.73]



[Page 295-297]

 

                    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. 16.73  Exemption of Office of Legal Policy System--limited access.



    (a) The following system of records is exempt from 5 U.S.C 552a 

(d)(1), (2), (3) and (4); (e)(1) and (2), (e)(4)(G) and (H), (e)(5); and 

(g):

    (1) Freedom of Information and Privacy Appeals Index (JUSTICE/OLP-

001).





These exemptions apply only to the extent that information in this 

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

and (k)(5).

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

following reasons:

    (1) From subsections (d)(1), (2), (3), and (4) to the extent that 

information in this record system relates to official Federal 

investigations and matters of law enforcement. Individual access to 

these records might compromise ongoing investigations, reveal 

confidential informants or constitute unwarranted invasions of the 

personal privacy of third parties who are involved in a certain 

investigation. Amendment of the records would interfere with ongoing 

criminal law enforcement proceedings and impose an impossible 

administrative burden by requiring criminal investigations to be 

continuously reinvestigated.

    (2) From subsections (e)(1) and (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 the specific investigative process if it were necessary to 

assure the relevance, accuracy, timeliness, and completeness of all 

information obtained.

    (3) 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 would therefore be able to avoid detection, apprehension, or legal 

obligations or duties.

    (4) From subsections (e)(4)(G) and (H) because this system is exempt 

from the



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

of the Privacy Act.

    (5) From subsection (g) because this system is exempt from the 

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

of the Privacy Act.

    (c) The following system of records is exempt from 5 U.S.C. 

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

    (1) U.S. Judges Records System (JUSTICE/OLP-002).





These exemptions apply to the extent that information in this system is 

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

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

following reasons:

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

without an assurance of anonymity, refuse to provide information 

concerning a candidate for a judgeship. Access could reveal the identity 

of the source of the information and constitute a breach of the promised 

confidentiality on the part of the Department. Such breaches ultimately 

would restrict the free flow of information vital to the 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 

advance what exact information may be of assistance in determining the 

qualifications and suitability of a candidate. Information which may 

seem irrelevant, when combined with other seemingly irrelevant 

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

which assists in determining whether that candidate should be nominated 

for appointment.

    (e) The following system of records is exempt from U.S.C. 552a(c) 

(3) and (4); (d); (e)(1), (2) and (3), (e)(4)(G) and (H) (e)(5); and 

(g):

    (1) General Files System of the Office of Legal Policy (JUSTICE/OLP-

003).





These exemptions apply only to the extent that information in the system 

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

and (k)(5).

    (f) 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 

would reveal investigative interest on the part of the Department 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.

    (2) From subsection (c)(4) because this system is 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 this system 

relate to official Federal investigations. Individual access to these 

records might compromise ongoing investigations, reveal confidential 

informants, or constitute unwarranted invasions of the personal privacy 

of third parties who are involved in a certain investigation. Amendment 

of records would interfere with ongoing criminal law enforcement 

proceedings and impose an impossible administrative burden by requiring 

criminal investigations to be continuously reinvestigated.

    (4) From subsections (e) (1) and (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 

since it may aid in establishing patterns of criminal activity. 

Moreover, it would impede the specific investigation process if it were 

necessary to assure the relevance, accuracy, timeliness and completeness 

of all information obtained.

    (5) From subsections (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



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existence of the investigation and would therefore be able to avoid 

detection, apprehension, or legal obligations and 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 this system is 

exempt from the access provisions of subsection (d) pursuant to 

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

    (8) From subsection (g) because this system is exempt from the 

access and amendment provisions of subsection (d) pursuant to 

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

    (g) The following system of records is exempt from 5 U.S.C. 552a 

(c)(3) and (4); (d); (e)(1), (2) and (3), (e)(4)(G) and (H), (e)(5); and 

(g):

    (1) Declassification Review System (JUSTICE/OLP-004).





These exemptions apply only to the extent that information in this 

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

(k)(2), and (k)(5).

    (h) 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 

would 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.

    (2) From subsection (c)(4) because this system is exempt from the 

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

of the Privacy Act.

    (3) From subsection (d) to the extent that information in this 

record system relates to official Federal investigations and matters of 

law enforcement and/or is properly classified pursuant to E.O. 12356. 

Individual access to these records might compromise ongoing 

investigations, reveal confidential sources or constitute unwarranted 

invasions of the personal privacy of third parties who are involved in a 

certain investigation, or jeopardize national security or foreign policy 

interests. Amendment of the records would interfere with ongoing 

criminal law enforcement proceedings and impose an impossible 

administrative burden by requiring criminal investigations to be 

continuously reinvestigated.

    (4) From subsections (e) (1) and (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 

which may aid in establishing patterns of criminal activity. Moreover, 

it would impede the specific investigative process 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 would 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), and (g) because this system 

is exempt from the access provisions of subsection (d) pursuant to 

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



[Order No. 34-85, 51 FR 754, Jan. 8, 1986. Redesignated by Order No. 6-

86, 51 FR 15476, Apr. 24, 1986 and further redesignated and amended by 

Order No. 19-86, 51 FR 39373, Oct. 28, 1986]



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