[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: 24CFR16.15]



[Page 201-203]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

PART 16_IMPLEMENTATION OF THE PRIVACY ACT OF 1974--Table of Contents

 

Sec.  16.15  Specific exemptions.



    Whenever the Secretary of Housing and Urban Development determines 

it to be necessary and proper, with respect to any system of records 

maintained by the Department, to exercise the right to promulgate rules 

to exempt such systems in accordance with the provisions of 5 U.S.C. 

552a(k), each specific exemption, including the parts of each system to 

be exempted, the provisions of the Act from which they are exempted, and 

the justification for each exemption shall be published in the Federal 

Register as part of the Department's Notice of Systems of Records.

    (a) Exempt under 5 U.S.C. 552a(k)(2) from the requirements of 5 

U.S.C. 552a (c)(3), (d), (e)(1), (e)(4) (G), (H), (I), and (f). This 

exemption allows the Department to withhold records compiled for law 

enforcement purposes. The reasons for adopting this exemption are to 

prevent individuals, who are the subjects of investigation, from 

frustrating the investigatory process, to ensure the integrity of the 

investigatory process, to ensure the integrity of law enforcement 

activities, to prevent disclosure



[[Page 202]]



of investigative techniques, and to protect the confidentiality of 

sources of information. The names of systems correspond to those 

published in the Federal Register as part of the Department's Notice of 

Systems of Records.

    (1) HUD/DEPT-15. Equal Opportunity Housing Complaints.

    (2) HUD/DEPT-24. Investigation Files in the Office of the Inspector 

General.

    (3) HUD/DEPT-25. Legal Action Files.

    (b) Exempt under 5 U.S.C. 552(k)(5) from the requirements of 5 

U.S.C. 552a (c)(3), (d), (e)(1), (e)(4), (G), (H), and (I), and (f). 

This exemption allows the Department to withhold records compiled solely 

for the purpose of determining suitability, eligibility, or 

qualifications for Federal contracts, or access to classified material. 

The reasons for adopting this exemption are to insure the proper 

functioning of the investigatory process, to insure effective 

determination of suitability, eligibility and qualification for 

employment and to protect the confidentiality of sources of information. 

The names of systems correspond to those published in the Federal 

Register as part of the Department's Notice of Systems of Records.

    (1) HUD/DEPT-24. Investigation Files in the Office of the Inspector 

General.

    (2) HUD/DEPT-25. Legal Action Files.

    (c) The system of records entitled ``HUD/PIH-1. Tenant Eligibility 

Verification Files'' consists in part of investigatory material compiled 

for law enforcement purposes. Relevant records will be used by 

appropriate Federal, state or local agencies charged with the 

responsibility for investigating or prosecuting violations of law. 

Therefore, to the extent that information in the system falls within the 

coverage of subsection (k)(2) of the Privacy Act, 5 U.S.C. 552a(k)(2), 

the system is exempt from the requirements of the following subsections 

of the Privacy Act, for the reasons stated below.

    (1) From subsection (c)(3) because release of an accounting of 

disclosures to an individual who may be the subject of an investigation 

could reveal the nature and scope of the investigation and could result 

in the altering or destruction of evidence, improper influencing of 

witnesses, and other evasive actions that could impede or compromise the 

investigation.

    (2) From subsection (d)(1) because release of the records to an 

individual who may become or has become the subject of an investigation 

could interfere with pending or prospective law enforcement proceedings, 

constitute an unwarranted invasion of the personal privacy of third 

parties, reveal the identity of confidential sources, or reveal 

sensitive investigative techniques and procedures.

    (3) From subsection (d)(2) because amendment or correction of the 

records could interfere with pending or prospective law enforcement 

proceedings, or could impose an impossible administrative and 

investigative burden by requiring the office that maintains the records 

to continuously retrograde its verifications of tenant eligibility 

attempting to resolve questions of accuracy, relevance, timeliness and 

completeness.

    (4) From subsection (e)(1) because it is often impossible to 

determine relevance or necessity of information in pre-investigative 

early stages. The value of such information is a question of judgment 

and timing; what appears relevant and necessary when collected may 

ultimately be evaluated and viewed as irrelevant and unnecessary to an 

investigation. In addition, the Assistant Secretary for Public and 

Indian Housing, or investigators, may obtain information concerning the 

violation of laws other than those within the scope of its jurisdiction. 

In the interest of effective law enforcement, the Assistant Secretary 

for Public and Indian Housing, or investigators, should retain this 

information because it may aid in establishing patterns of unlawful 

activity and provide leads for other law enforcement agencies. Further, 

in obtaining the evidence, information may be provided which relates to 

matters incidental to the main purpose of the inquiry or investigation 

but which may be pertinent to the investigative jurisdiction of another 

agency. Such information cannot readily be identified.

    (d) The system of records entitled ``HUD/PIH-1. Tenant Eligibility 

Verification Files'' consists in part of



[[Page 203]]



material that may be used for the purpose of determining suitability, 

eligibility, or qualifications for Federal civilian employment or 

Federal contracts, the release of which would reveal the identity of a 

source who furnished information to the Government under an express 

promise that the identity of the source would be held in confidence. 

Therefore, to the extent that information in this system falls within 

the coverage of subsection (k)(5) of the Privacy Act, 5 U.S.C. 

552a(k)(5), the system is exempt from the requirements of the following 

subsection of the Privacy Act, for the reasons stated below.

    (1) From subsection (d)(1) because release would reveal the identity 

of a source who furnished information to the Government under an express 

promise of confidentiality. Revealing the identity of a confidential 

source could impede future cooperation by sources, and could result in 

harassment or harm to such sources.



[42 FR 49810, Sept. 28, 1977, as amended at 59 FR 9407, Feb. 28, 1994]