[Code of Federal Regulations]
[Title 13, Volume 1]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 13CFR102.27]
[Page 17-18]
TITLE 13--BUSINESS CREDIT AND ASSISTANCE
CHAPTER I--SMALL BUSINESS ADMINISTRATION
PART 102_RECORD DISCLOSURE AND PRIVACY--Table of Contents
Subpart B_The Privacy Act
Sec. 102.27 What records are partially exempt from the provisions of the
Privacy Act?
(a) The following systems of records are exempt from certain
provisions of the PA: Audit Reports (system of records SBA
015), Litigation and Claims Files (SBA 070), Personnel Security
Files (SBA 100), Security and Investigations Files
(SBA 120), Office of Inspector General Referrals (SBA
125), Investigations Division Management Information System
(SBA 130), and Standards of Conduct Files (SBA 140).
(b) The provisions of the PA from which these systems of records are
exempt are subsections (c)(3) (Accounting of Certain Disclosures), (d)
(Access to Records), (e)(1), 4G, H, and I (Agency Requirements), and (f)
(Agency Rules).
(c) The systems of records described in paragraph (a) of this
section are exempt from the provisions of the Privacy Act described in
paragraph (b) of this section in order to:
(1) Prevent the subject of investigations from frustrating the
investigatory process;
(2) Protect investigatory material compiled for law enforcement
purposes;
(3) Fulfill commitments made to protect the confidentiality of
sources and to maintain access to necessary sources of information; or
(4) Prevent interference with law enforcement proceedings.
(d) In addition to the foregoing exemptions in paragraphs (a)
through (c) of this section, the systems of records described in
paragraph (a) of this section numbered SBA 015, 100, 120, 125 and 130
are fully exempt from the Privacy Act to the extent that they contain:
(1) Information compiled to identify individual criminal offenders
and alleged offenders and consisting only of identifying data and
notations of arrests, confinement, release, and parole and probation
status;
(2) Information, including reports of informants and investigators,
associated with an identifiable individual
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compiled to investigate criminal activity; or
(3) Reports compiled at any stage of the process of enforcement of
the criminal laws from arrest or indictment through release from
supervision associated with an identifiable individual.
(e) The systems of records described in paragraph (d) of this
section are fully exempt from the PA to the extent described in that
paragraph because they are records maintained by the Investigations
Division of the Inspector General, which is a component of SBA which
performs as its principal function activities pertaining to the
enforcement of criminal laws within the meaning of 5 U.S.C. 552a(j)(2).
They are exempt in order to:
(1) Prevent the subjects of Office of Inspector General (OIG)
investigations from using the PA to frustrate the investigative process;
(2) 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, 5 U.S.C. App. I;
(3) Protect the confidentiality of other sources of information;
(4) Avoid endangering confidential sources and law enforcement
personnel;
(5) Prevent interference with law enforcement proceedings;
(6) Assure access to sources of confidential information, including
that contained in Federal, State, and local criminal law enforcement
information systems;
(7) Prevent the disclosure of investigative techniques; or
(8) Prevent the disclosure of classified information.