[Code of Federal Regulations]

[Title 34, Volume 1]

[Revised as of July 1, 2005]

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

[CITE: 34CFR5.71]



[Page 11-12]

 

                           TITLE 34--EDUCATION

 

PART 5_AVAILABILITY OF INFORMATION TO THE PUBLIC PURSUANT TO 

PUB. L. 90-23--Table of Contents

 

               Subpart F_Availability of Specific Records

 

Sec. 5.71  Protection of personal privacy and proprietary information.



    As set forth with more particularity below, certain types of 

information in whatever record or document contained shall not be 

disclosed where disclosure would be inconsistent with individual rights 

of personal privacy or would violate obligations of confidentiality.

    (a) No disclosure will be made of information of a personal and 

private nature, such as information in personnel and medical files, in 

welfare and social



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security records and any other information of a private and personal 

nature.

    (b) Information having a commercial or financial value and in which 

the person providing the information has a proprietary interest will not 

be disclosed if it is in fact confidential. In determining whether such 

information is in fact confidential, consideration may be given to such 

factors as (1) the general custom or usage in the occupation or business 

to which the information relates that it be held confidential, (2) the 

number and situation of the individuals who have access to such 

information, (3) the type and degree of risk of financial injury to be 

expected if disclosure occurs, and (4) the length of time such 

information should be regarded as retaining the characteristics noted 

above.

    (c) Information obtained by the Department from any individual or 

organization, who furnishes it in reliance upon a provision for 

confidentiality authorized by applicable statute or regulation, will not 

be disclosed. This subpart does not itself authorize the giving of any 

pledge of confidentiality by any officer or employee of the Department.



This section does not preclude use of nondiscloseable records or 

information from such records for authorized program purposes, including 

law enforcement purposes and litigation. Release of information of the 

nature described in this section to the individual or the organization 

to whom the information pertains or to an authorized representative of 

either will not be deemed a disclosure within the meaning of this part.