[Code of Federal Regulations]

[Title 14, Volume 5]

[Revised as of January 1, 2006]

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

[CITE: 14CFR1212.501]



[Page 82-84]

 

                     TITLE 14--AERONAUTICS AND SPACE

 

                          SPACE ADMINISTRATION

 

PART 1212_PRIVACY ACT_NASA REGULATIONS--Table of Contents

 

       Subpart 1212.5_Exemptions to Individuals' Rights of Access

 

Sec. 1212.501  Record systems determined to be exempt.



    The Administrator has determined that the following systems of 

records are exempt to the extent provided hereinafter.

    (a) Inspector General Investigations Case Files--(1) Sections of the 

Act from which exempted. (i) The Inspector General Investigations Case 

Files system of records is exempt from all sections of the Privacy Act 

(5 U.S.C. 552a) except the following: (b) relating to conditions of 

disclosure; (c) (1) and (2) relating to keeping and maintaining a 

disclosure accounting; (e)(4) (A) through (F) relating to publishing a 

system notice setting forth name, location, categories of individuals 

and records, routine uses, and policies regarding storage, 

retrievability, access controls, retention and disposal of the records; 

(e) (6), (7), (9), (10), and (11) relating to dissemination and 

maintenance of records, and (i) relating to criminal penalties. This 

exemption applies to those records and information contained in the 

system of records pertaining to the enforcement of criminal laws.

    (ii) To the extent that there may exist noncriminal investigative 

files within this system of records, the Inspector General 

Investigations Case Files system of records is exempt from the following 

sections of the Privacy Act (5 U.S.C. 552a): (c)(3) relating to access 

to the disclosure accounting, (d) relating to access to records, (e)(1) 

relating to the type of information maintained in the records; (e)(4) 

(G), (H), and (I) relating to publishing the system notice information 

as to agency procedures for access and amendment and information as to 

the categories of sources or records, and (f) relating to developing 

agency rules for gaining access and making corrections.

    (2) Reason for exemptions. (i) The Office of Inspector General is an 

office of NASA, a component of which performs as its principal function 

activity pertaining to the enforcement of criminal laws, within the 

meaning of 5 U.S.C. 552a(j)(2). This exemption applies only to those 

records and information contained in the system of records pertaining to 

criminal investigations. This system of records is exempt for one or 

more of the following reasons:

    (A) To prevent interference with law enforcement proceedings.

    (B) To avoid unwarranted invasion of personal privacy, by disclosure 

of information about third parties, including other subjects of 

investigation, investigators, and witnesses.

    (C) To protect the identity of Federal employees who furnish a 

complaint or information to the OIG, consistent with section 7(b) of the 

Inspector General Act of 1978, as amended, 5 U.S.C. App.

    (D) To protect the confidentiality of non-Federal employee sources 

of information.



[[Page 83]]



    (E) To assure access to sources of confidential information, 

including that contained in Federal, State, and local criminal law 

enforcement information systems.

    (F) To prevent disclosure of law enforcement techniques and 

procedures.

    (G) To avoid endangering the life or physical safety of confidential 

sources and law enforcement personnel.

    (ii) Investigative records within this system of records which are 

compiled for law enforcement purposes, other than material within the 

scope of subsection (j)(2), are exempt under the provisions of 5 U.S.C. 

552a(k)(2): Provided, however, That if any individual is denied any 

right, privilege, or benefit that they would otherwise be entitled by 

Federal law, or for which they would otherwise be eligible, as a result 

of the maintenance of such material, such material shall be provided to 

such individual, except to the extent that the disclosure of such 

material 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, or, prior to January 1, 1975, under 

an implied promise that the identity of the sources would be held in 

confidence. This system of records is exempt for one or more of the 

following reasons:

    (A) To prevent interference with law enforcement proceedings.

    (B) To protect investigatory material compiled for law enforcement 

purposes.

    (C) To avoid unwarranted invasion of personal privacy, by disclosure 

of information about third parties, including other subjects of 

investigation, law enforcement personnel, and sources of information.

    (D) To fullfill commitments made to protect the confidentiality of 

sources.

    (E) To protect the identity of Federal employees who furnish a 

complaint or information to the OIG, consistent with section 7(b) of the 

Inspector General Act of 1978, as amended, 5 U.S.C. App.

    (F) To assure access to sources of confidential information, 

including that contained in Federal, State, and local criminal law 

enforcement information systems.

    (G) To prevent disclosure of law enforcement techniques and 

procedures.

    (H) To avoid endangering the life or physical safety of confidential 

sources and law enforcement personnel.

    (iii) Records within this system of records comprised of 

investigatory material compiled solely for the purpose of determining 

suitability or eligibility for Federal civilian employment or access to 

classified information, are exempt under the provisions of 5 U.S.C. 

552a(k)(5), but only to the extent that disclosure 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, or prior to January 1, 1975, under an implied promise that 

the identity of the source would be held in confidence. This system of 

records is exempt for one or more of the following reasons:

    (A) To fulfill commitments made to protect the confidentiality of 

sources.

    (B) To assure access to sources of confidential information, 

including that contained in Federal, State, and local criminal law 

enforcement information systems.

    (b) Security Records System--(1) Sections of the Act from which 

exempted. The Security Records System is exempted from the following 

sections of the Privacy Act (5 U.S.C. 552a): (c)(3) relating to access 

to the disclosure accounting; (d) relating to access to the records; 

(e)(1) relating to the type of information maintained in the records; 

(e)(4) (G), (H), and (I) relating to publishing the system notice 

information as to agency procedures for access and amendment, and 

information as to the categories of sources of records; and (f) relating 

to developing Agency rules for gaining access and making corrections.

    (2) Reason for exemption. (i) Personnel Security Records contained 

in the system of records which are compiled solely for the purpose of 

determining suitability, eligibility, or qualifications for Federal 

civilian employment, Federal contracts, or access to classified 

information are exempt under the provisions of 5 U.S.C. 552a(k)(5), but 

only to the extent that the disclosure of such material would reveal the 

identity of the source who furnished information to the Government under 

an express



[[Page 84]]



promise that the identity of the source would be held in confidence, or, 

prior to January 1, 1975, under an implied promise that the identity of 

the sources would be held in confidence. This system of records is 

exempt for one or more of the following reasons:

    (A) To fulfill commitments made to protect the confidentiality of 

sources.

    (B) To assure access to sources of confidential information, 

including that contained in Federal, State, and local criminal law 

enforcement information systems.

    (ii) Criminal Matter Records are contained in the system of records 

and are exempt under the provisions of 5 U.S.C. 552a(k)(2): Provided, 

however, That if any individual is denied any right, privilege, or 

benefit that they would otherwise be entitled by Federal law, or for 

which they would otherwise be eligible, as a result of the maintenance 

of such material, such material shall be provided to such individual, 

except to the extent that the disclosure of such material 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, or, prior to January 1, 1975, under an implied promise 

that the identity of the sources would be held in confidence. This 

system of records is exempt for one or more of the following reasons:

    (A) To prevent interference with law enforcement proceedings.

    (B) To protect investigatory material compiled for law enforcement 

purposes.

    (C) To avoid unwarranted invasion of personal privacy, by disclosure 

of information about third parties, including other subjects of 

investigation, law enforcement personnel, and sources of information.

    (D) To fulfill commitments made to protect the confidentiality of 

sources.

    (E) To assure access to sources of confidential information, 

including that contained in Federal, State, and local criminal law 

enforcement information systems.

    (F) To prevent disclosure of law enforcement techniques and 

procedures.

    (G) To avoid endangering the life or physical safety of confidential 

sources and law enforcement personnel.

    (iii) The system of records includes records subject to the 

provisions of 5 U.S.C. 552(b)(1) (required by Executive order to be kept 

secret in the interest of national defense or foreign policy), and such 

records are exempt under 5 U.S.C. 552a(k)(1).