[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: 28CFR16.77]



[Page 301-302]

 

                    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. 16.77  Exemption of U.S. Trustee Program System--limited access.



    (a) 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 

(8); (f) and (g):

    (1) U.S. Trustee Program Case Referral System, JUSTICE/UST-004.





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

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

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

following reasons:

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

accounting would permit the subject of an investigation to obtain 

valuable information concerning the nature of that investigation. 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) since an exemption being claimed for 

subsection (d) makes this subsection inapplicable.

    (3) From subsection (d) because access to the records contained in 

this system 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.

    (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 interest 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.

    (5) From subsection (e)(2) because in a criminal investigation the 

requirement that information be collected to the greatest extent 

possible from the subject individual would present a serious impediment 

to law enforcement because the subject of the investigation would be 

placed on notice as to the existence of the investigation and would 

therefore be able to avoid detection or apprehension, to influence 

witnesses improperly, to destroy evidence, or to fabricate testimony.

    (6) From subsection (e)(3) because the requirement that individuals 

supplying information be provided with a form stating the requirements 

of subsection (e)(3) would constitute a serious impediment to law 

enforcement in that it would compromise the existence of a confidential 

investigation or reveal the



[[Page 302]]



identity of witnesses or confidential informants.

    (7) From subsections (e)(4) (G) and (H) because this system of 

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

to subsections (j) and (k).

    (8) From subsection (e)(8) because the individual notice requirement 

of this subsection could present a serious impediment to law enforcement 

in that this could interfere with the U.S. Attorney's ability to issue 

subpoenas.

    (9) From subsections (f) and (g) because this system has been 

exempted from the access provisions of subsection (d).



[Order No. 1-87, 52 FR 3631, Feb. 5, 1987]