[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: 34CFR5.73]



[Page 12-13]

 

                           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. 5.73  Records not available.



    The following types of records or information contained in any 

record, in addition to those prohibited by law from disclosure, are not 

available for inspection or copying, any provision of Sec. 5.72 

notwithstanding:



[[Page 13]]



    (a) Intra-agency and inter-agency communications. Communications 

within the Department other than those described in Sec. 5.72(d) or 

between the Department or any other agency within the meaning of 5 

U.S.C. 551(1) and 552(e), to the extent they reflect the views or 

judgment of the writer or of other individuals. If disclosure of any 

factual portion of the communication would indicate the views or 

judgment being withheld from disclosure, then such factual portions will 

also be withheld.

    (b) Investigatory files. Investigatory files compiled for law 

enforcement purposes to the extent that production of such records would 

(1) interfere with enforcement proceedings, (2) deprive a person of a 

right to a fair trial or an impartial adjudication, (3) constitute an 

unwarranted invasion of personal privacy, (4) disclose the identity of a 

confidential source, and, in the case of a record compiled by a criminal 

law enforcement authority in the course of a criminal investigation, or 

by an agency conducting a lawful national security intelligence 

investigation, confidential information furnished only by the 

confidential source, (5) disclose investigative techniques and 

procedures or (6) endanger the life or physical safety of law 

enforcement personnel. For the purpose of this section enforcement 

action means any authorized action intended to abate, prevent, 

counteract, deter, or terminate violations of law and includes action 

involving possible civil, criminal, or administrative sanctions whether 

such sanctions involve adversary proceedings or other procedures, such 

as termination of benefits, protective measures, etc.