[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: 28CFR16.74]



[Page 298]

 

                    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. 16.74  Exemption of Office of Intelligence Policy and Review 

Systems--limited access.



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

(c)(3), (c)(4), (d), (e)(2), (e)(3), (e)(4)(G), (e)(4)(H), (e)(8), (f) 

and (g);

    (1) Policy and Operational Records System (JUSTICE/OIPR-001);

    (2) Foreign Intelligence Surveillance Act Records System (JUSTICE/

OIPR-002);

    (3) Litigation Records System (JUSTICE/OIPR-003); and

    (4) Domestic Security/Terrorism Investigations Records System 

(JUSTICE/OIPR-004).





These exemptions apply only to the extent that information in those 

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

and (k)(2).

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

following reasons:

    (1) From subsection (c)(3) because release of the disclosure 

accounting would put the target of a surveillance or investigation on 

notice of the investigation or surveillance and would thereby seriously 

hinder authorized United States intelligence activities.

    (2) From subsections (c)(4), (d), (e)(4)(G), (e)(4)(H), (f) and (g) 

because these provisions contemplate individual access to records and 

such access would compromise ongoing surveillances or investigations and 

reveal the sources and methods of an investigation.

    (3) From subsection (e)(2) because, although this office does not 

conduct investigations, the collection efforts of agencies that supply 

information to this office would be thwarted if the agency were required 

to collect information with the subject's knowledge.

    (4) From subsections (e)(3) and (e)(8) because disclosure and notice 

would provide the subject with substantial information which could 

impede of compromise an investigation. For example, an investigatory 

subject could, once made aware that an investigation was ongoing, alter 

his manner of engaging in intelligence or terrorist activities in order 

to avoid detection.



[Order No. 19-86, 51 FR 39374, Oct. 28, 1986]