[Code of Federal Regulations]

[Title 45, Volume 1]

[Revised as of October 1, 2006]

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

[CITE: 45CFR5.68]



[Page 30-31]

 

                        TITLE 45--PUBLIC WELFARE

 

                    SUBTITLE A--DEPARTMENT OF HEALTH

                           AND HUMAN SERVICES

 

PART 5_FREEDOM OF INFORMATION REGULATIONS--Table of Contents

 

             Subpart F_Reasons for Withholding Some Records

 

Sec.  5.68  Exemption seven: Law enforcement.



    We are not required to disclose information or records that the 

government has compiled for law enforcement purposes. The records may 

apply to actual or potential violations of either criminal or civil laws 

or regulations. We can withhold these records only to the extent that 

releasing them would cause harm in at least one of the following 

situations:

    (a) Enforcement proceedings. We may withhold information whose 

release



[[Page 31]]



could reasonably be expected to interfere with prospective or ongoing 

law enforcement proceedings. Investigations of fraud and mismanagement, 

employee misconduct, and civil rights violations may fall into this 

category. In certain cases--such as when a fraud investigation is 

likely--we may refuse to confirm or deny the existence of records that 

relate to the violations in order not to disclose that an investigation 

is in progress, or may be conducted.

    (b) Fair trial or impartial adjudication. We may withhold records 

whose release would deprive a person of a fair trial or an impartial 

adjudication because of prejudicial publicity.

    (c) Personal privacy. We are careful not to disclose information 

that could reasonably be expected to constitute an unwarranted invasion 

of personal privacy. When a name surfaces in an investigation, that 

person is likely to be vulnerable to innuendo, rumor, harassment, and 

retaliation.

    (d) Confidential sources and information. We may withhold records 

whose release could reasonably be expected to disclose the identity of a 

confidential source of information. A confidential source may be an 

individual; a state, local, or foreign government agency; or any private 

organization. The exemption applies whether the source provides 

information under an express promise of confidentiality or under 

circumstances from which such an assurance could be reasonably inferred. 

Also, where the record, or information in it, has been compiled by a 

criminal law enforcement authority conducting a criminal investigation, 

or by an agency conducting a lawful national security investigation, the 

exemption also protects all information supplied by a confidential 

source. Also protected from mandatory disclosure is any information 

which, if disclosed, could reasonably be expected to jeopardize the 

system of confidentiality that assures a flow of information from 

sources to investigatory agencies.

    (e) Techniques and procedures. We may withhold records reflecting 

special techniques or procedures of investigation or prosecution, not 

otherwise generally known to the public. In some cases, it is not 

possible to describe even in general terms those techniques without 

disclosing the very material to be withheld. We may also withhold 

records whose release would disclose guidelines for law enforcement 

investigations or prosecutions if this disclosure could reasonably be 

expected to create a risk that someone could circumvent requirements of 

law or of regulation.

    (f) Life and physical safety. We may withhold records whose 

disclosure could reasonably be expected to endanger the life or physical 

safety of any individual. This protection extends to threats and 

harassment as well as to physical violence.