[Code of Federal Regulations]

[Title 24, Volume 1]

[Revised as of April 1, 2006]

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

[CITE: 24CFR15.3]



[Page 179-180]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

PART 15_PUBLIC ACCESS TO HUD RECORDS UNDER THE FREEDOM OF INFORMATION ACT 

AND TESTIMONY AND PRODUCTION OF INFORMATION BY HUD EMPLOYEES--Table of 

Contents

 

                      Subpart A_Purpose and Policy

 

Sec.  15.3  What exemptions are authorized by 5 U.S.C. 552?



    (a) The classes of records authorized to be exempted from disclosure 

by 5 U.S.C. 552 are those which concern matters that are:

    (1) Specifically authorized under criteria established by an 

Executive order to be kept secret in the interest of national defense or 

foreign policy and are in fact properly classified pursuant to such 

Executive order;

    (2) Related solely to the internal personnel rules and practices of 

the Department;

    (3) Specifically exempted from disclosure by statute;

    (4) Trade secrets and commercial or financial information obtained 

from a person and privileged or confidential;

    (5) Interagency or intra-agency memorandums or letters which would 

not be available by law to a party other than an agency in litigation 

with the Department;

    (6) Personnel and medical files and similar files the disclosure of 

which would constitute a clearly unwarranted invasion of personal 

privacy;

    (7) Records or information compiled for law enforcement purposes, 

but only to the extent that the production of such law enforcement 

records or information:



[[Page 180]]



    (i) Could reasonably be expected to interfere with enforcement 

proceedings;

    (ii) Would deprive a person of a right to a fair trial or an 

impartial adjudication;

    (iii) Could reasonably be expected to constitute an unwarranted 

invasion of personal privacy;

    (iv) Could reasonably be expected to disclose the identity of a 

confidential source, including a state, local or foreign agency or 

authority or any private institution which furnished information on a 

confidential basis, and, in the case of a record or information 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, information furnished by a confidential 

source;

    (v) Would disclose techniques and procedures for law enforcement 

investigations or prosecutions, or would disclose guidelines for law 

enforcement investigations or prosecutions if such disclosure could 

reasonably be expected to risk circumvention of the law; or

    (vi) Could reasonably be expected to endanger the life or physical 

safety of any individual;

    (8) Contained in or related to examination, operating, or condition 

reports prepared by, on behalf of, or for the use of the Department in 

connection with its responsibility for the regulation or supervision of 

financial institutions; or

    (9) Geological and geophysical information and data, including maps, 

concerning wells.

    (b) Any reasonably segregable portion of a record shall be provided 

to any person requesting such record after deletion of the portions 

which are exempt under this section.