[Code of Federal Regulations]
[Title 32, Volume 6]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 32CFR806b.40]

[Page 48-49]
 
                        TITLE 32-NATIONAL DEFENSE
 
                CHAPTER VII--DEPARTMENT OF THE AIR FORCE
 
PART 806b_PRIVACY ACT PROGRAM--Table of Contents
 
                    Subpart K_Privacy Act Exemptions
 
Sec. 806b.40  Exemptions.

    Exemptions permissible under 5 U.S.C. 552a (subject to Sec. 806b.38 
of this part):
    (a) The (j)(2) exemption. Applies to investigative records created 
and maintained by law-enforcement activities whose principal function is 
criminal law enforcement.
    (b) The (k)(1) exemption. Applies to information specifically 
authorized to be classified under the DoD Information Security Program 
Regulation, 32 CFR part 159.
    (c) The (k)(2) exemption. Applies to investigatory information 
compiled for law-enforcement purposes by nonlaw enforcement activities 
and which is not within the scope of Sec. 806b.40(a) of this part. 
However, the Air Force must allow an individual access to any record 
that is used to deny rights, privileges or benefits to which he or she 
would otherwise be entitled by Federal law or for which he or she would 
otherwise be eligible as a result of the maintenance of the information 
(unless doing so would reveal a confidential source).
    (d) The (k)(3) exemption. Applies to records maintained in 
connection with providing protective services to the President and other 
individuals under 18 U.S.C. 3506.
    (e) The (k)(4) exemption. Applies to records maintained solely for 
statistical research or program evaluation purposes and which are not 
used to make decisions on the rights, benefits, or entitlement of an 
individual except for census records which may be disclosed under 13 
U.S.C. 8.
    (f) The (k)(5) exemption. Applies to investigatory material compiled 
solely for the purpose of determining suitability, eligibility, or 
qualifications for federal civilian employment, military service, 
federal contracts, or access to classified information, but only to the 
extent such material would reveal the identity of a confidential source. 
This provision allows protection of confidential sources used in 
background investigations, employment inquiries, and similar inquiries 
that are for personnel screening to determine suitability, eligibility, 
or qualifications.
    (g) The (k)(6) exemption. Applies to testing or examination material 
used solely to determine individual qualifications for appointment or 
promotion in the Federal or military service, if the disclosure would 
compromise the objectivity or fairness of the test or examination 
process.

[[Page 49]]

    (h) The (k)(7) exemption. Applies to evaluation material used to 
determine potential for promotion in the Military Services, but only to 
the extent that the disclosure of such material would reveal the 
identity of a confidential source.