[Code of Federal Regulations]

[Title 45 Volume 4]

[Revised as of October 1, 2006]

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

[CITE: 45CFR1602.9]



[Page 372-373]

 

                        TITLE 45--PUBLIC WELFARE

 

                 CHAPTER XVI--LEGAL SERVICES CORPORATION

 

PART 1602_PROCEDURES FOR DISCLOSURE OF INFORMATION UNDER THE FREEDOM OF INFORMATION ACT--Table of Contents

 

Sec.  1602.9  Exemptions for withholding records.



    (a) A requested record of the Corporation may be withheld from 

public disclosure only if one or more of the following categories 

exempted by the FOIA apply:

    (1) Matter which is related solely to the internal personnel rules 

and practices of the Corporation;

    (2) Matter which is specifically exempted from disclosure by statute 

(other than the exemptions under FOIA at 5 U.S.C. 552(b)), provided that 

such statute requires that the matters be withheld from the public in 

such a manner as to leave no discretion on the issues, or establishes 

particular criteria for withholding, or refers to particular types of 

matters to be withheld;

    (3) Trade secrets and commercial or financial information obtained 

from a person and privileged or confidential;

    (4) Inter-agency or intra-agency memoranda or letters which would 

not be available by law to a party other



[[Page 373]]



than an agency in litigation with the Corporation;

    (5) Personnel and medical files and similar files, the disclosure of 

which would constitute a clearly unwarranted invasion of personal 

privacy;

    (6) Records or information compiled for law enforcement purposes 

including enforcing the Legal Services Corporation Act or any other law, 

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

records or information:

    (i) Could reasonably be expected to interfere with enforcement 

proceedings;

    (ii) Would deprive a person or a recipient 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, 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;

    (b) In the event that one or more of the exemptions in paragraph (a) 

of this section apply, any reasonably segregable portion of a record 

shall be provided to the requester after deletion of the portions that 

are exempt. The amount of information deleted shall be indicated on the 

released portion of the record, unless doing so would harm the interest 

protected by the exemption under which the deletion is made. If 

technically feasible, the amount of information deleted shall be 

indicated at the place in the record where the deletion is made. In 

appropriate circumstances, at the discretion of the Corporation 

officials authorized to grant or deny a request for records, and after 

appropriate consultation as provided in Sec.  1602.10, it may be 

possible to provide a requester with:

    (1) A summary of information in the exempt portion of a record; or

    (2) An oral description of the exempt portion of a record.

    (c) No requester shall have a right to insist that any or all of the 

techniques in paragraph (b) of this section should be employed in order 

to satisfy a request.

    (d) Records that may be exempt from disclosure pursuant to paragraph 

(a) of this section may be made available at the discretion of the 

Corporation official authorized to grant or deny the request for 

records, after appropriate consultation as provided in Sec.  1602.10. 

Records may be made available pursuant to this paragraph when disclosure 

is not prohibited by law, and it does not appear adverse to legitimate 

interests of the Corporation, the public, a recipient, or any person.