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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
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| 28:28:1.0.1.1.17.1.4.1 | 28 | Judicial Administration | I | 16 | PART 16—PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION | A | Subpart A—Procedures for Disclosure of Records Under the Freedom of Information Act | § 16.1 General provisions. | DOJ | [AG Order No. 3517-2015, 80 FR 18106, Apr. 3, 2015, as amended by AG Order 3803-2016, 82 FR 727, Jan. 4, 2017] | (a) This subpart contains the rules that the Department of Justice follows in processing requests for records under the Freedom of Information Act (“FOIA”), 5 U.S.C. 552. The rules in this subpart should be read in conjunction with the text of the FOIA and the Uniform Freedom of Information Fee Schedule and Guidelines published by the Office of Management and Budget (“OMB Guidelines”). Additionally, the Department's “FOIA Reference Guide” and its attachments contain information about the specific procedures particular to the Department with respect to making FOIA requests and descriptions of the types of records maintained by different Department components. This resource is available at http://www.justice.gov/oip/04_3.html. Requests made by individuals for records about themselves under the Privacy Act of 1974, 5 U.S.C. 552a, are processed under subpart D of part 16 as well as under this subpart. (b) As referenced in this subpart, component means each separate bureau, office, division, commission, service, center, or administration that is designated by the Department as a primary organizational entity. (c) The Department has a decentralized system for processing requests, with each component handling requests for its records. | ||||
| 28:28:1.0.1.1.17.1.4.10 | 28 | Judicial Administration | I | 16 | PART 16—PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION | A | Subpart A—Procedures for Disclosure of Records Under the Freedom of Information Act | § 16.10 Fees. | DOJ | [AG Order No. 3517-2015, 80 FR 18106, Apr. 3, 2015, as amended by AG Order 3803-2016, 82 FR 728, Jan. 4, 2017] | (a) In general. Components shall charge for processing requests under the FOIA in accordance with the provisions of this section and with the OMB Guidelines. In order to resolve any fee issues that arise under this section, a component may contact a requester for additional information. Components shall ensure that searches, review, and duplication are conducted in the most efficient and the least expensive manner. A component ordinarily will collect all applicable fees before sending copies of records to a requester. Requesters must pay fees by check or money order made payable to the Treasury of the United States. (b) Definitions. For purposes of this section: (1) Commercial use request is a request that asks for information for a use or a purpose that furthers a commercial, trade, or profit interest, which can include furthering those interests through litigation. A component's decision to place a requester in the commercial use category will be made on a case-by-case basis based on the requester's intended use of the information. (2) Direct costs are those expenses that an agency incurs in searching for and duplicating (and, in the case of commercial use requests, reviewing) records in order to respond to a FOIA request. For example, direct costs include the salary of the employee performing the work ( i.e., the basic rate of pay for the employee, plus 16 percent of that rate to cover benefits) and the cost of operating computers and other electronic equipment, such as photocopiers and scanners. Direct costs do not include overhead expenses such as the costs of space, and of heating or lighting a facility. (3) Duplication is reproducing a copy of a record, or of the information contained in it, necessary to respond to a FOIA request. Copies can take the form of paper, audiovisual materials, or electronic records, among others. (4) Educational institution is any school that operates a program of scholarly research. A requester in this fee category must show that the request is made in connect… | ||||
| 28:28:1.0.1.1.17.1.4.11 | 28 | Judicial Administration | I | 16 | PART 16—PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION | A | Subpart A—Procedures for Disclosure of Records Under the Freedom of Information Act | § 16.11 Other rights and services. | DOJ | Nothing in this subpart shall be construed to entitle any person, as of right, to any service or to the disclosure of any record to which such person is not entitled under the FOIA. | |||||
| 28:28:1.0.1.1.17.1.4.2 | 28 | Judicial Administration | I | 16 | PART 16—PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION | A | Subpart A—Procedures for Disclosure of Records Under the Freedom of Information Act | § 16.2 Proactive disclosure of Department records. | DOJ | [AG Order No. 3517-2015, 80 FR 18106, Apr. 3, 2015, as amended by AG Order 3803-2016, 82 FR 727, Jan. 4, 2017] | Records that are required by the FOIA to be made available for public inspection in an electronic format may be accessed through the Department's Web site at http://justice.gov/oip/04_2.html. Each component is responsible for determining which of its records are required to be made publicly available, as well as identifying additional records of interest to the public that are appropriate for public disclosure, and for posting and indexing such records. Each component shall ensure that its Web site of posted records and indices is reviewed and updated on an ongoing basis. Each component has a FOIA Public Liaison who can assist individuals in locating records particular to a component. A list of the Department's FOIA Public Liaisons is available at http://www.justice.gov/oip/foiacontact/index-list.html. | ||||
| 28:28:1.0.1.1.17.1.4.3 | 28 | Judicial Administration | I | 16 | PART 16—PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION | A | Subpart A—Procedures for Disclosure of Records Under the Freedom of Information Act | § 16.3 Requirements for making requests. | DOJ | (a) General information. (1) The Department has a decentralized system for responding to FOIA requests, with each component designating a FOIA office to process records from that component. All components have the capability to receive requests electronically either through email or a web portal. To make a request for records of the Department, a requester should write directly to the FOIA office of the component that maintains the records being sought. A request will receive the quickest possible response if it is addressed to the FOIA office of the component that maintains the records sought. The Department's FOIA Reference Guide, which may be accessed as described in § 16.1(a), contains descriptions of the functions of each component and provides other information that is helpful in determining where to make a request. Each component's FOIA office and any additional requirements for submitting a request to a given component are listed in Appendix I to this part. Part 0 of this chapter also summarizes the functions of each component. These references can all be used by requesters to determine where to send their requests within the Department. (2) A requester may also send requests to the FOIA/PA Mail Referral Unit, Justice Management Division, Department of Justice, 950 Pennsylvania Avenue NW., Washington, DC 20530-0001, or via email to MRUFOIA.Requests@usdoj.gov, or via fax to (202) 616-6695. The Mail Referral Unit will forward the request to the component(s) that it determines to be most likely to maintain the records that are sought. (3) A requester who is making a request for records about himself or herself must comply with the verification of identity provision set forth in subpart D of this part. (4) Where a request for records pertains to a third party, a requester may receive greater access by submitting either a notarized authorization signed by that individual or a declaration made in compliance with the requirements set forth in 28 U.S.C. 1746 by that individual authorizing disclosure of the… | |||||
| 28:28:1.0.1.1.17.1.4.4 | 28 | Judicial Administration | I | 16 | PART 16—PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION | A | Subpart A—Procedures for Disclosure of Records Under the Freedom of Information Act | § 16.4 Responsibility for responding to requests. | DOJ | [AG Order No. 3517-2015, 80 FR 18106, Apr. 3, 2015, as amended by AG Order 3803-2016, 82 FR 727, Jan. 4, 2017] | (a) In general. Except in the instances described in paragraphs (c) and (d) of this section, the component that first receives a request for a record and maintains that record is the component responsible for responding to the request. In determining which records are responsive to a request, a component ordinarily will include only records in its possession as of the date that it begins its search. If any other date is used, the component shall inform the requester of that date. A record that is excluded from the requirements of the FOIA pursuant to 5 U.S.C. 552(c), is not considered responsive to a request. (b) Authority to grant or deny requests. The head of a component, or designee, is authorized to grant or to deny any requests for records that are maintained by that component. (c) Re-routing of misdirected requests. Where a component's FOIA office determines that a request was misdirected within the Department, the receiving component's FOIA office shall route the request to the FOIA office of the proper component(s). (d) Consultation, referral, and coordination. When reviewing records located by a component in response to a request, the component shall determine whether another component or another agency of the Federal Government is better able to determine whether the record is exempt from disclosure under the FOIA. As to any such record, the component shall proceed in one of the following ways: (1) Consultation. When records originated with the component processing the request, but contain within them information of interest to another component, agency, or other Federal Government office, the component processing the request should typically consult with that other component or agency prior to making a release determination. (2) Referral. (i) When the component processing the request believes that a different component, agency, or other Federal Government office is best able to determine whether to disclose the record, the component typically should refer the responsibility for respond… | ||||
| 28:28:1.0.1.1.17.1.4.5 | 28 | Judicial Administration | I | 16 | PART 16—PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION | A | Subpart A—Procedures for Disclosure of Records Under the Freedom of Information Act | § 16.5 Timing of responses to requests. | DOJ | [AG Order No. 3517-2015, 80 FR 18106, Apr. 3, 2015, as amended by AG Order 3803-2016, 82 FR 727, Jan. 4, 2017] | (a) In general. Components ordinarily will respond to requests according to their order of receipt. Appendix I to this part contains the list of the Department components that are designated to accept requests. In instances involving misdirected requests that are re-routed pursuant to § 16.4(c), the response time will commence on the date that the request is received by the proper component's office that is designated to receive requests, but in any event not later than 10 working days after the request is first received by any component's office that is designated by these regulations to receive requests. (b) Multitrack processing. All components must designate a specific track for requests that are granted expedited processing, in accordance with the standards set forth in paragraph (e) of this section. A component may also designate additional processing tracks that distinguish between simple and more complex requests based on the estimated amount of work or time needed to process the request. Among the factors a component may consider are the number of pages involved in processing the request and the need for consultations or referrals. Components shall advise requesters of the track into which their request falls and, when appropriate, shall offer the requesters an opportunity to narrow their request so that it can be placed in a different processing track. (c) Unusual circumstances. Whenever the statutory time limit for processing a request cannot be met because of “unusual circumstances,” as defined in the FOIA, and the component extends the time limit on that basis, the component shall, before expiration of the 20-day period to respond, notify the requester in writing of the unusual circumstances involved and of the date by which processing of the request can be expected to be completed. Where the extension exceeds 10 working days, the component shall, as described by the FOIA, provide the requester with an opportunity to modify the request or arrange an alternative time period for processing. The… | ||||
| 28:28:1.0.1.1.17.1.4.6 | 28 | Judicial Administration | I | 16 | PART 16—PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION | A | Subpart A—Procedures for Disclosure of Records Under the Freedom of Information Act | § 16.6 Responses to requests. | DOJ | [AG Order No. 3517-2015, 80 FR 18106, Apr. 3, 2015, as amended by AG Order 3803-2016, 82 FR 727, Jan. 4, 2017] | (a) In general. Components should, to the extent practicable, communicate with requesters having access to the Internet using electronic means, such as email or web portal. (b) Acknowledgments of requests. A component shall acknowledge the request and assign it an individualized tracking number if it will take longer than 10 working days to process. Components shall include in the acknowledgment a brief description of the records sought to allow requesters to more easily keep track of their requests. (c) Grants of requests. Once a component makes a determination to grant a request in full or in part, it shall notify the requester in writing. The component also shall inform the requester of any fees charged under § 16.10 and shall disclose the requested records to the requester promptly upon payment of any applicable fees. The component must inform the requester of the availability of the FOIA Public Liaison to offer assistance. (d) Adverse determinations of requests. A component making an adverse determination denying a request in any respect shall notify the requester of that determination in writing. Adverse determinations, or denials of requests, include decisions that: the requested record is exempt, in whole or in part; the request does not reasonably describe the records sought; the information requested is not a record subject to the FOIA; the requested record does not exist, cannot be located, or has been destroyed; or the requested record is not readily reproducible in the form or format sought by the requester. Adverse determinations also include denials involving fees or fee waiver matters or denials of requests for expedited processing. (e) Content of denial. The denial shall be signed by the head of the component, or designee, and shall include: (1) The name and title or position of the person responsible for the denial; (2) A brief statement of the reasons for the denial, including any FOIA exemption applied by the component in denying the request; (3) An estimate of the volume of a… | ||||
| 28:28:1.0.1.1.17.1.4.7 | 28 | Judicial Administration | I | 16 | PART 16—PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION | A | Subpart A—Procedures for Disclosure of Records Under the Freedom of Information Act | § 16.7 Confidential commercial information. | DOJ | (a) Definitions. (1) Confidential commercial information means commercial or financial information obtained by the Department from a submitter that may be protected from disclosure under Exemption 4 of the FOIA, 5 U.S.C. 552(b)(4). (2) Submitter means any person or entity, including a corporation, State, or foreign government, but not including another Federal Government entity, that provides information, either directly or indirectly to the Federal Government. (b) Designation of confidential commercial information. A submitter of confidential commercial information must use good faith efforts to designate by appropriate markings, either at the time of submission or within a reasonable time thereafter, any portion of its submission that it considers to be protected from disclosure under Exemption 4. These designations shall expire 10 years after the date of the submission unless the submitter requests and provides justification for a longer designation period. (c) When notice to submitters is required. (1) A component shall promptly provide written notice to a submitter of confidential commercial information whenever records containing such information are requested under the FOIA if, after reviewing the request, the responsive records, and any appeal by the requester, the component determines that it may be required to disclose the records, provided: (i) The requested information has been designated in good faith by the submitter as information considered protected from disclosure under Exemption 4; or (ii) The component has a reason to believe that the requested information may be protected from disclosure under Exemption 4, but has not yet determined whether the information is protected from disclosure under that exemption or any other applicable exemption. (2) The notice shall either describe the commercial information requested or include a copy of the requested records or portions of records containing the information. In cases involving a voluminous number of submitters, notice may be made … | |||||
| 28:28:1.0.1.1.17.1.4.8 | 28 | Judicial Administration | I | 16 | PART 16—PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION | A | Subpart A—Procedures for Disclosure of Records Under the Freedom of Information Act | § 16.8 Administrative appeals. | DOJ | [AG Order No. 3517-2015, 80 FR 18106, Apr. 3, 2015, as amended by AG Order 3803-2016, 82 FR 728, Jan. 4, 2017] | (a) Requirements for making an appeal. A requester may appeal any adverse determinations to OIP. The contact information for OIP is contained in the FOIA Reference Guide, which is available at http://www.justice.gov/oip/04_3.html. Appeals can be submitted through the web portal accessible on OIP's Web site. Examples of adverse determinations are provided in § 16.6(d). The requester must make the appeal in writing and to be considered timely it must be postmarked, or in the case of electronic submissions, transmitted, within 90 calendar days after the date of the response. The appeal should clearly identify the component's determination that is being appealed and the assigned request number. To facilitate handling, the requester should mark both the appeal letter and envelope, or subject line of the electronic transmission, “Freedom of Information Act Appeal.” (b) Adjudication of appeals. (1) The Director of OIP or designee will act on behalf of the Attorney General on all appeals under this section. (2) An appeal ordinarily will not be adjudicated if the request becomes a matter of FOIA litigation. (3) On receipt of any appeal involving classified information, OIP shall take appropriate action to ensure compliance with part 17 of this title. (c) Decisions on appeals. A decision on an appeal must be made in writing. A decision that upholds a component's determination will contain a statement that identifies the reasons for the affirmance, including any FOIA exemptions applied. The decision will provide the requester with notification of the statutory right to file a lawsuit and will inform the requester of the mediation services offered by the Office of Government Information Services of the National Archives and Records Administration as a non-exclusive alternative to litigation. If a component's decision is remanded or modified on appeal, the requester will be notified of that determination in writing. The component will thereafter further process the request in accordance with that appeal determinat… | ||||
| 28:28:1.0.1.1.17.1.4.9 | 28 | Judicial Administration | I | 16 | PART 16—PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION | A | Subpart A—Procedures for Disclosure of Records Under the Freedom of Information Act | § 16.9 Preservation of records. | DOJ | Each component shall preserve all correspondence pertaining to the requests that it receives under this subpart, as well as copies of all requested records, until disposition or destruction is authorized pursuant to title 44 of the United States Code or the General Records Schedule 14 of the National Archives and Records Administration. Records shall not be disposed of or destroyed while they are the subject of a pending request, appeal, or lawsuit under the FOIA. | |||||
| 28:28:1.0.1.1.17.2.4.1 | 28 | Judicial Administration | I | 16 | PART 16—PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION | B | Subpart B—Production or Disclosure in Federal and State Proceedings | § 16.21 Purpose and scope. | DOJ | (a) This subpart sets forth procedures to be followed with respect to the production or disclosure of any material contained in the files of the Department, any information relating to material contained in the files of the Department, or any information acquired by any person while such person was an employee of the Department as a part of the performance of that person's official duties or because of that person's official status: (1) In all federal and state proceedings in which the United States is a party; and (2) In all federal and state proceedings in which the United States is not a party, including any proceedings in which the Department is representing a government employee solely in that employee's individual capacity, when a subpoena, order, or other demand (hereinafter collectively referred to as a “demand”) of a court or other authority is issued for such material or information. (b) For purposes of this subpart, the term employee of the Department includes all officers and employees of the United States appointed by, or subject to the supervision, jurisdiction, or control of the Attorney General of the United States, including U.S. Attorneys, U.S. Marshals, U.S. Trustees and members of the staffs of those officials. (c) Nothing in this subpart is intended to impede the appropriate disclosure, in the absence of a demand, of information by Department law enforcement agencies to federal, state, local and foreign law enforcement, prosecutive, or regulatory agencies. (d) This subpart is intended only to provide guidance for the internal operations of the Department of Justice, and is not intended to, and does not, and may not be relied upon to create any right or benefit, substantive or procedural, enforceable at law by a party against the United States. | |||||
| 28:28:1.0.1.1.17.2.4.2 | 28 | Judicial Administration | I | 16 | PART 16—PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION | B | Subpart B—Production or Disclosure in Federal and State Proceedings | § 16.22 General prohibition of production or disclosure in Federal and State proceedings in which the United States is not a party. | DOJ | (a) In any federal or state case or matter in which the United States is not a party, no employee or former employee of the Department of Justice shall, in response to a demand, produce any material contained in the files of the Department, or disclose any information relating to or based upon material contained in the files of the Department, or disclose any information or produce any material acquired as part of the performance of that person's official duties or because of that person's official status without prior approval of the proper Department official in accordance with §§ 16.24 and 16.25 of this part. (b) Whenever a demand is made upon an employee or former employee as described in paragraph (a) of this section, the employee shall immediately notify the U.S. Attorney for the district where the issuing authority is located. The responsible United States Attorney shall follow procedures set forth in § 16.24 of this part. (c) If oral testimony is sought by a demand in any case or matter in which the United States is not a party, an affidavit, or, if that is not feasible, a statement by the party seeking the testimony or by his attorney, setting forth a summary of the testimony sought and its relevance to the proceeding, must be furnished to the responsible U.S. Attorney. Any authorization for testimony by a present or former employee of the Department shall be limited to the scope of the demand as summarized in such statement. (d) When information other than oral testimony is sought by a demand, the responsible U.S. Attorney shall request a summary of the information sought and its relevance to the proceeding. | |||||
| 28:28:1.0.1.1.17.2.4.3 | 28 | Judicial Administration | I | 16 | PART 16—PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION | B | Subpart B—Production or Disclosure in Federal and State Proceedings | § 16.23 General disclosure authority in Federal and State proceedings in which the United States is a party. | DOJ | (a) Every attorney in the Department of Justice in charge of any case or matter in which the United States is a party is authorized, after consultation with the “originating component” as defined in § 16.24(a) of this part, to reveal and furnish to any person, including an actual or prospective witness, a grand jury, counsel, or a court, either during or preparatory to a proceeding, such testimony, and relevant unclassified material, documents, or information secured by any attorney, or investigator of the Department of Justice, as such attorney shall deem necessary or desirable to the discharge of the attorney's official duties: Provided, Such an attorney shall consider, with respect to any disclosure, the factors set forth in § 16.26(a) of this part: And further provided, An attorney shall not reveal or furnish any material, documents, testimony or information when, in the attorney's judgment, any of the factors specified in § 16.26(b) exists, without the express prior approval by the Assistant Attorney General in charge of the division responsible for the case or proceeding, the Director of the Executive Office for United States Trustees (hereinafter referred to as “the EOUST”), or such persons' designees. (b) An attorney may seek higher level review at any stage of a proceeding, including prior to the issuance of a court order, when the attorney determines that a factor specified in § 16.26(b) exists or foresees that higher level approval will be required before disclosure of the information or testimony in question. Upon referral of a matter under this subsection, the responsible Assistant Attorney General, the Director of EOUST, or their designees shall follow procedures set forth in § 16.24 of this part. (c) If oral testimony is sought by a demand in a case or matter in which the United States is a party, an affidavit, or, if that is not feasible, a statement by the party seeking the testimony or by the party's attorney setting forth a summary of the testimony sought must be furnished to the Departme… | |||||
| 28:28:1.0.1.1.17.2.4.4 | 28 | Judicial Administration | I | 16 | PART 16—PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION | B | Subpart B—Production or Disclosure in Federal and State Proceedings | § 16.24 Procedure in the event of a demand where disclosure is not otherwise authorized. | DOJ | (a) Whenever a matter is referred under § 16.22 of this part to a U.S. Attorney or, under § 16.23 of this part, to an Assistant Attorney General, the Director of the EOUST, or their designees (hereinafter collectively referred to as the “responsible official”), the responsible official shall immediately advise the official in charge of the bureau, division, office, or agency of the Department that was responsible for the collection, assembly, or other preparation of the material demanded or that, at the time the person whose testimony was demanded acquired the information in question, employed such person (hereinafter collectively referred to as the “originating component”), or that official's designee. In any instance in which the responsible official is also the official in charge of the originating component, the responsible official may perform all functions and make all determinations that this regulation vests in the originating component. (b) The responsible official, subject to the terms of paragraph (c) of this section, may authorize the appearance and testimony of a present or former Department employee, or the production of material from Department files if: (1) There is no objection after inquiry of the originating component; (2) The demanded disclosure, in the judgment of the responsible official, is appropriate under the factors specified in § 16.26(a) of this part; and (3) None of the factors specified in § 16.26(b) of this part exists with respect to the demanded disclosure. (c) It is Department policy that the responsible official shall, following any necessary consultation with the originating component, authorize testimony by a present or former employee of the Department or the production of material from Department files without further authorization from Department officials whenever possible: Provided, That, when information is collected, assembled, or prepared in connection with litigation or an investigation supervised by a division of the Department or by the EOUST, the Assistant … | |||||
| 28:28:1.0.1.1.17.2.4.5 | 28 | Judicial Administration | I | 16 | PART 16—PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION | B | Subpart B—Production or Disclosure in Federal and State Proceedings | § 16.25 Final action by the Deputy or Associate Attorney General. | DOJ | (a) Unless otherwise indicated, all matters to be referred under § 16.24 by an Assistant Attorney General, the Director of the EOUST, or such person's designees to the Deputy or Associate Attorney General shall be referred (1) to the Deputy Attorney General, if the matter is referred personally by or through the designee of an Assistant Attorney General who is within the general supervision of the Deputy Attorney General, or (2) to the Associate Attorney General, in all other cases. (b) All other matters to be referred under § 16.24 to the Deputy or Associate Attorney General shall be referred (1) to the Deputy Attorney General, if the originating component is within the supervision of the Deputy Attorney General or is an independent agency that, for administrative purposes, is within the Department of Justice, or (2) to the Associate Attorney General, if the originating component is within the supervision of the Associate Attorney General. (c) Upon referral, the Deputy or Associate Attorney General shall make the final decision and give notice thereof to the responsible official and such other persons as circumstances may warrant. | |||||
| 28:28:1.0.1.1.17.2.4.6 | 28 | Judicial Administration | I | 16 | PART 16—PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION | B | Subpart B—Production or Disclosure in Federal and State Proceedings | § 16.26 Considerations in determining whether production or disclosure should be made pursuant to a demand. | DOJ | (a) In deciding whether to make disclosures pursuant to a demand, Department officials and attorneys should consider: (1) Whether such disclosure is appropriate under the rules of procedure governing the case or matter in which the demand arose, and (2) Whether disclosure is appropriate under the relevant substantive law concerning privilege. (b) Among the demands in response to which disclosure will not be made by any Department official are those demands with respect to which any of the following factors exist: (1) Disclosure would violate a statute, such as the income tax laws, 26 U.S.C. 6103 and 7213, or a rule of procedure, such as the grand jury secrecy rule, F.R.Cr.P., Rule 6(e), (2) Disclosure would violate a specific regulation; (3) Disclosure would reveal classified information, unless appropriately declassified by the originating agency, (4) Disclosure would reveal a confidential source or informant, unless the investigative agency and the source or informant have no objection, (5) Disclosure would reveal investigatory records compiled for law enforcement purposes, and would interfere with enforcement proceedings or disclose investigative techniques and procedures the effectiveness of which would thereby be impaired, (6) Disclosure would improperly reveal trade secrets without the owner's consent. (c) In all cases not involving considerations specified in paragraphs (b)(1) through (b)(6) of this section, the Deputy or Associate Attorney General will authorize disclosure unless, in that person's judgment, after considering paragraph (a) of this section, disclosure is unwarranted. The Deputy or Associate Attorney General will not approve disclosure if the circumstances specified in paragraphs (b)(1) through (b)(3) of this section exist. The Deputy or Associate Attorney General will not approve disclosure if any of the conditions in paragraphs (b)(4) through (b)(6) of this section exist, unless the Deputy or Associate Attorney General determines that the administration of justice requires disclo… | |||||
| 28:28:1.0.1.1.17.2.4.7 | 28 | Judicial Administration | I | 16 | PART 16—PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION | B | Subpart B—Production or Disclosure in Federal and State Proceedings | § 16.27 Procedure in the event a department decision concerning a demand is not made prior to the time a response to the demand is required. | DOJ | If response to a demand is required before the instructions from the appropriate Department official are received, the responsible official or other Department attorney designated for the purpose shall appear and furnish the court or other authority with a copy of the regulations contained in this subpart and inform the court or other authority that the demand has been or is being, as the case may be, referred for the prompt consideration of the appropriate Department official and shall respectfully request the court or authority to stay the demand pending receipt of the requested instructions. | |||||
| 28:28:1.0.1.1.17.2.4.8 | 28 | Judicial Administration | I | 16 | PART 16—PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION | B | Subpart B—Production or Disclosure in Federal and State Proceedings | § 16.28 Procedure in the event of an adverse ruling. | DOJ | If the court or other authority declines to stay the effect of the demand in response to a request made in accordance with § 16.27 of this chapter pending receipt of instructions, or if the court or other authority rules that the demand must be complied with irrespective of instructions rendered in accordance with §§ 16.24 and 16.25 of this part not to produce the material or disclose the information sought, the employee or former employee upon whom the demand has been made shall, if so directed by the responsible Department official, respectfully decline to comply with the demand. See United States ex rel. Touhy v. Ragen, 340 U.S. 462 (1951). | |||||
| 28:28:1.0.1.1.17.2.4.9 | 28 | Judicial Administration | I | 16 | PART 16—PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION | B | Subpart B—Production or Disclosure in Federal and State Proceedings | § 16.29 Delegation by Assistant Attorneys General. | DOJ | With respect to any function that this subpart permits the designee of an Assistant Attorney General to perform, the Assistant Attorneys General are authorized to delegate their authority, in any case or matter or any category of cases or matters, to subordinate division officials or U.S. attorneys, as appropriate. | |||||
| 28:28:1.0.1.1.17.3.4.1 | 28 | Judicial Administration | I | 16 | PART 16—PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION | C | Subpart C—Production of FBI Identification Records in Response to Written Requests by Subjects Thereof | § 16.30 Purpose and scope. | DOJ | [Order No. 2258-99, 64 FR 52226, Sept. 28, 1999] | This subpart contains the regulations of the Federal Bureau of Investigation (FBI) concerning procedures to be followed when the subject of an identification record requests production of that record to review it or to obtain a change, correction, or updating of that record. | ||||
| 28:28:1.0.1.1.17.3.4.2 | 28 | Judicial Administration | I | 16 | PART 16—PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION | C | Subpart C—Production of FBI Identification Records in Response to Written Requests by Subjects Thereof | § 16.31 Definition of identification record. | DOJ | [Order No. 2258-99, 64 FR 52226, Sept. 28, 1999] | An FBI identification record, often referred to as a “rap sheet,” is a listing of certain information taken from fingerprint submissions retained by the FBI in connection with arrests and, in some instances, includes information taken from fingerprints submitted in connection with federal employment, naturalization, or military service. The identification record includes the name of the agency or institution that submitted the fingerprints to the FBI. If the fingerprints concern a criminal offense, the identification record includes the date of arrest or the date the individual was received by the agency submitting the fingerprints, the arrest charge, and the disposition of the arrest if known to the FBI. All arrest data included in an identification record are obtained from fingerprint submissions, disposition reports, and other reports submitted by agencies having criminal justice responsibilities. Therefore, the FBI Criminal Justice Information Services Division is not the source of the arrest data reflected on an identification record. | ||||
| 28:28:1.0.1.1.17.3.4.3 | 28 | Judicial Administration | I | 16 | PART 16—PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION | C | Subpart C—Production of FBI Identification Records in Response to Written Requests by Subjects Thereof | § 16.32 Procedure to obtain an identification record. | DOJ | [Order No. 1134-86, 51 FR 16677, May 6, 1986, as amended by Order No. 2258-99, 64 FR 52226, Sept. 28, 1999] | The subject of an identification record may obtain a copy thereof by submitting a written request via the U.S. mails directly to the FBI, Criminal Justice Information Services (CJIS) Division, ATTN: SCU, Mod. D-2, 1000 Custer Hollow Road, Clarksburg, WV 26306. Such request must be accompanied by satisfactory proof of identity, which shall consist of name, date and place of birth and a set of rolled-inked fingerprint impressions placed upon fingerprint cards or forms commonly utilized for applicant or law enforcement purposes by law enforcement agencies. | ||||
| 28:28:1.0.1.1.17.3.4.4 | 28 | Judicial Administration | I | 16 | PART 16—PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION | C | Subpart C—Production of FBI Identification Records in Response to Written Requests by Subjects Thereof | § 16.33 Fee for production of identification record. | DOJ | [Order No. 1943-94, 60 FR 38, Jan. 3, 1995, as amended by Order No. 2258-99, 64 FR 52226, Sept. 28, 1999] | Each written request for production of an identification record must be accompanied by a fee of $18 in the form of a certified check or money order, payable to the Treasury of the United States. This fee is established pursuant to the provisions of 31 U.S.C. 9701 and is based upon the clerical time beyond the first quarter hour to be spent in searching for, identifying, and reproducing each identification record requested as specified in § 16.10. Any request for waiver of the fee shall accompany the original request for the identification record and shall include a claim and proof of indigency. Subject to applicable laws, regulations, and directions of the Attorney General of the United States, the Director of the FBI may from time to time determine and establish a revised fee amount to be assessed under this authority. Notice relating to revised fee amounts shall be published in the Federal Register. | ||||
| 28:28:1.0.1.1.17.3.4.5 | 28 | Judicial Administration | I | 16 | PART 16—PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION | C | Subpart C—Production of FBI Identification Records in Response to Written Requests by Subjects Thereof | § 16.34 Procedure to obtain change, correction or updating of identification records. | DOJ | [Order No. 1134-86, 51 FR 16677, May 6, 1986, as amended by Order No. 2258-99, 64 FR 52226, Sept. 28, 1999] | If, after reviewing his/her identification record, the subject thereof believes that it is incorrect or incomplete in any respect and wishes changes, corrections or updating of the alleged deficiency, he/she should make application directly to the agency which contributed the questioned information. The subject of a record may also direct his/her challenge as to the accuracy or completeness of any entry on his/her record to the FBI, Criminal Justice Information Services (CJIS) Division, ATTN: SCU, Mod. D-2, 1000 Custer Hollow Road, Clarksburg, WV 26306. The FBI will then forward the challenge to the agency which submitted the data requesting that agency to verify or correct the challenged entry. Upon the receipt of an official communication directly from the agency which contributed the original information, the FBI CJIS Division will make any changes necessary in accordance with the information supplied by that agency. | ||||
| 28:28:1.0.1.1.17.4.4.1 | 28 | Judicial Administration | I | 16 | PART 16—PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION | D | Subpart D—Access to and Amendment of Individual Records Pursuant to the Privacy Act of 1974, and Other Privacy Protections | § 16.40 General provisions. | DOJ | (a) Purpose and scope. (1) This subpart contains the rules that the Department of Justice (“DOJ” or “the Department”) follows when handling records maintained by the Department in a system of records, in accordance with the Privacy Act of 1974, as amended, 5 U.S.C. 552a (“Privacy Act” or “PA”). This subpart describes the procedures by which individuals can be notified if a Department system of records contains records about themselves, may request access to records about themselves maintained in a Department system of records, may request amendment or correction of records about themselves maintained in a Department system of records, and may request an accounting of disclosures of records about themselves maintained in a Department system of records. This subpart also establishes other procedures on the appropriate maintenance of records by the Department and when Privacy Act exemptions may apply. This subpart should be read together with the Privacy Act, which provides additional information about records maintained in agency systems of records, including those of the Department. (2) This subpart contains the procedures that the Department follows when handling covered records maintained by the Department in a system of records, in accordance with the Judicial Redress Act of 2015, 5 U.S.C. 552a note (“Judicial Redress Act”). This subpart should be read together with the Privacy Act and the Judicial Redress Act, which provide additional information about covered records maintained in agency systems of records, including those of the Department. (3) This subpart contains the procedures that the Department follows when collecting, using, maintaining, or disclosing Social Security account numbers, in accordance with the Privacy Act and the Social Security Number Fraud Prevention Act of 2017, 42 U.S.C. 405 note (“Social Security Number Fraud Prevention Act”). This subpart should be read together with the Privacy Act and the Social Security Number Fraud Prevention Act, which provide additional information about a… | |||||
| 28:28:1.0.1.1.17.4.4.10 | 28 | Judicial Administration | I | 16 | PART 16—PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION | D | Subpart D—Access to and Amendment of Individual Records Pursuant to the Privacy Act of 1974, and Other Privacy Protections | § 16.49 Fees. | DOJ | Components shall charge fees for duplication of records under the Privacy Act in the same way in which they charge duplication fees for responding to FOIA requests under § 16.10. No search or review fee may be charged for any record unless the record has been exempted from access pursuant to exemptions enumerated in the Privacy Act, 5 U.S.C. 552a(j)(2) or (k)(2). | |||||
| 28:28:1.0.1.1.17.4.4.11 | 28 | Judicial Administration | I | 16 | PART 16—PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION | D | Subpart D—Access to and Amendment of Individual Records Pursuant to the Privacy Act of 1974, and Other Privacy Protections | § 16.50 Notice of compulsory legal process and emergency disclosures. | DOJ | (a) Legal process disclosures. Components shall make reasonable efforts to provide notice to an individual whose record is disclosed under compulsory legal process, such as an order by a court of competent jurisdiction, and such process becomes a matter of public record. Notice shall be given within a reasonable time after the component's receipt of process, except that in a case in which such process is not a matter of public record, the notice shall be given within a reasonable time only after such process becomes public. Where an individual, or the individual's legal counsel, has not otherwise received notice of the disclosure in the litigation process, notice shall be mailed to the individual's last known address and shall contain a copy of such process and a description of the information disclosed. Notice shall not be required if disclosure is made from a system of records that has been exempted from the notice requirement. (b) Emergency disclosures. Upon disclosing a record pertaining to an individual made under compelling circumstances affecting health or safety, the component shall notify that individual of the disclosure. This notice shall be mailed to the individual's last known address and shall state the nature of the information disclosed; the person, organization, or agency to which it was disclosed; the date of disclosure; and the compelling circumstances justifying the disclosure. | |||||
| 28:28:1.0.1.1.17.4.4.12 | 28 | Judicial Administration | I | 16 | PART 16—PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION | D | Subpart D—Access to and Amendment of Individual Records Pursuant to the Privacy Act of 1974, and Other Privacy Protections | § 16.51 Security of systems of records. | DOJ | (a) Each component shall establish and maintain administrative, technical, and physical controls consistent with applicable Department and Government-wide laws, regulations, policies, and standards, to ensure the security and confidentiality of records, and to protect against reasonably anticipated threats or hazards to their security or integrity, including against any reasonably anticipated unauthorized access, use, or disclosure, which could result in substantial harm, embarrassment, inconvenience, or unfairness to individuals about whom information is maintained. The stringency of these controls shall correspond to the sensitivity of the records that the controls protect. At a minimum, each component shall maintain administrative, technical, or physical controls to ensure that: (1) Records are protected from unauthorized access, including unauthorized public access; (2) The physical area in which records are maintained is supervised or appropriately secured to prevent unauthorized persons from having access to them; (3) Records are protected from damage, loss, or unauthorized alteration or destruction; and (4) Records are not disclosed to unauthorized persons or to authorized persons for unauthorized purposes in either oral or written form. (b) Each component shall establish procedures that restrict access to records to only those individuals within the Department who must have access to those records in order to perform their duties and that prevent inadvertent disclosure of records. (c) The CPCLO, or a designee of the CPCLO, may impose additional administrative, technical, or physical controls to protect records in consultation with the Chief Information Officer and the Director of the Office of Records Management Policy. | |||||
| 28:28:1.0.1.1.17.4.4.13 | 28 | Judicial Administration | I | 16 | PART 16—PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION | D | Subpart D—Access to and Amendment of Individual Records Pursuant to the Privacy Act of 1974, and Other Privacy Protections | § 16.52 Contracts for the operation of record systems. | DOJ | (a) Any approved contract for the operation of a system of records shall contain the standard contract terms and conditions in accordance with the Federal Acquisition Regulations in 48 CFR chapter 28 and may also contain additional privacy-related terms and conditions to ensure compliance with the requirements of the Privacy Act for that system of records. The contracting component will be responsible for ensuring that the contractor complies with these contract requirements. (b) The CPCLO, a designee of the CPCLO, or contracting components may impose additional contract requirements to further protect records. | |||||
| 28:28:1.0.1.1.17.4.4.14 | 28 | Judicial Administration | I | 16 | PART 16—PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION | D | Subpart D—Access to and Amendment of Individual Records Pursuant to the Privacy Act of 1974, and Other Privacy Protections | § 16.53 Use and collection of Social Security account numbers. | DOJ | (a) Purpose and scope. This section contains the rules that the Department of Justice follows in handling Social Security account numbers in accordance with section 7 of the Privacy Act, and with the Social Security Fraud Prevention Act. (b) Definitions. For the purposes of this section: Mail means any physical package sent to entities or individuals outside the Department through the United States Postal Service or any other express mail carrier; and Necessary includes only those circumstances in which a component would be unable to comply, in whole or in part, with a legal, regulatory, or policy requirement if prohibited from mailing the full Social Security account number. Including the full Social Security account number of an individual on a document sent by mail is not “necessary” if a legal, regulatory, or policy requirement could be satisfied by either partially redacting the Social Security account number in accordance with paragraph (d)(3) of this section, or entirely removing the Social Security account number. (c) Denial of rights, benefits, or privileges. Components are prohibited from denying any right, benefit, or privilege provided by law to an individual because of such individual's refusal to disclose the individual's Social Security account number. This paragraph (c) shall not apply with respect to: (1) Any disclosure that is required by Federal statute; or (2) The disclosure of a Social Security account number to any Federal, State, or local agency maintaining a system of records in existence and operating before January 1, 1975, if such disclosure was required under statute or regulation adopted prior to such date to verify the identity of an individual. (d) Restriction of Social Security account numbers on documents sent by mail. (1) A component shall not include the full Social Security account number of an individual on any document sent by mail, unless the inclusion of the Social Security account number on the document is necessary. Unless the Attorney General directs oth… | |||||
| 28:28:1.0.1.1.17.4.4.15 | 28 | Judicial Administration | I | 16 | PART 16—PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION | D | Subpart D—Access to and Amendment of Individual Records Pursuant to the Privacy Act of 1974, and Other Privacy Protections | § 16.54 Employee standards of conduct. | DOJ | Each component shall inform its employees and any contractors involved in developing or maintaining a system of records of the provisions of the Privacy Act, including the Privacy Act's civil liability and criminal penalty provisions. Unless otherwise permitted by law, employees and contractors of the Department shall: (a) Collect from individuals only the information that is relevant and necessary to discharge the responsibilities of the Department; (b) Collect information about an individual directly from that individual whenever practicable; (c) Inform each individual asked to supply information for a record pertaining to that individual of: (1) The legal authority to collect the information and whether providing it is mandatory or voluntary; (2) The principal purpose for which the Department intends to use the information; (3) The routine uses the Department may make of the information; and (4) The effects on the individual, if any, of not providing the information; (d) Ensure that the component maintains no system of records without public notice and that it notifies appropriate Department officials of the existence or development of any system of records that is not the subject of a current or planned public notice; (e) Maintain all records that are used by the Department in making any determination about an individual with such accuracy, relevance, timeliness, and completeness as is reasonably necessary to ensure fairness to the individual in the determination; (f) Except as to disclosures made to an agency or made under the FOIA, make reasonable efforts, prior to disseminating any record about an individual, to ensure that the record is accurate, relevant, timely, and complete; (g) Maintain no record describing how an individual exercises the individual's First Amendment rights, unless maintaining the record is expressly authorized by statute or by the individual about whom the record is maintained, or is pertinent to and within the scope of an authorized law enforcement activity; (h) When req… | |||||
| 28:28:1.0.1.1.17.4.4.16 | 28 | Judicial Administration | I | 16 | PART 16—PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION | D | Subpart D—Access to and Amendment of Individual Records Pursuant to the Privacy Act of 1974, and Other Privacy Protections | § 16.55 Other rights and services. | DOJ | Nothing in this subpart shall be construed to entitle any person, as of right, to any service or to the disclosure of any record to which such person is not entitled under the Privacy Act, the Social Security Fraud Reduction Act, or the Judicial Redress Act. | |||||
| 28:28:1.0.1.1.17.4.4.2 | 28 | Judicial Administration | I | 16 | PART 16—PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION | D | Subpart D—Access to and Amendment of Individual Records Pursuant to the Privacy Act of 1974, and Other Privacy Protections | § 16.41 Privacy Act requests for access to records. | DOJ | (a) General information. (1) The Department has a decentralized system for responding to Privacy Act requests for access to records, with each component designating an office to process Privacy Act requests for access to records maintained by that component. A requester may make a Privacy Act request for access to records about the requester by writing directly to the component that maintains the records. All components have the capability to receive requests electronically either through email or a web portal. The request should be sent or delivered to the component's office at the address listed in appendix I to this part, or in accordance with the access procedures outlined in the corresponding SORN. The functions of each component are summarized in part 0 of this title and in the description of the Department and its components in the United States Government Manual, which is updated on a year-round basis and is available free of charge at https://www.usgovernmentmanual.gov/. (2) If a requester cannot determine where within the Department to send the Privacy Act request for access to records, the requester may send it by mail to the FOIA/PA Mail Referral Unit, Justice Management Division, Department of Justice, 950 Pennsylvania Avenue NW, Washington, DC 20530-0001; by email to MRUFOIA.Requests@usdoj.gov; or by fax to (202) 616-6695. The Mail Referral Unit will forward the request to the component(s) it believes most likely to have the requested records. For the quickest possible handling, the requester should mark both the request letter and the envelope “Privacy Act Access Request.” (b) Description of records sought. Requesters must describe the records sought in sufficient detail to enable Department personnel to locate the applicable system of records containing them with a reasonable amount of effort. To the extent possible, requesters should include specific information that may assist a component in identifying the requested records, such as the name or identifying number of each system of reco… | |||||
| 28:28:1.0.1.1.17.4.4.3 | 28 | Judicial Administration | I | 16 | PART 16—PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION | D | Subpart D—Access to and Amendment of Individual Records Pursuant to the Privacy Act of 1974, and Other Privacy Protections | § 16.42 Responsibility for responding to Privacy Act requests for access to records. | DOJ | (a) In general. Except as stated in paragraphs (c) through (f) of this section, the component that first receives a Privacy Act request for access is the component responsible for responding to the request. In determining which records are responsive to a request, a component ordinarily will include only those records it maintained as of the date the component begins its search. If any other date is used, the component shall inform the requester of that date. (b) Authority to grant or deny requests. The head of a component, or the component head's designee, is authorized to grant or deny any Privacy Act request for access to records maintained by that component. (c) Re-routing of misdirected requests. When a component's FOIA/Privacy Act office determines that a request was misdirected within the Department, the receiving component's FOIA/Privacy Act office shall route the request to the FOIA/Privacy Act office of the proper component(s). (d) Consultations, referrals, and coordination. When a component receives a Privacy Act request for access to a record in its possession, it shall determine whether another component, or another agency of the Federal Government, is better able to determine whether the record is exempt from access under the Privacy Act. If the receiving component determines that it is best able to process the record in response to the request, then it shall do so. If the receiving component determines that it is not best able to process the record, then it shall follow the consultation, referral, and coordination procedures under § 16.4, subject to the requirements in this section. Components may make agreements with other components or agencies to eliminate the need for consultations or referrals for particular types of records. (e) Consultations, referrals, and coordination concerning law enforcement information. When a component receives a Privacy Act request for access to a record in its possession containing information that relates to an investigation of a possible violation of… | |||||
| 28:28:1.0.1.1.17.4.4.4 | 28 | Judicial Administration | I | 16 | PART 16—PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION | D | Subpart D—Access to and Amendment of Individual Records Pursuant to the Privacy Act of 1974, and Other Privacy Protections | § 16.43 Responses to a Privacy Act requests for access to records. | DOJ | (a) In general. Components should, to the extent practicable, communicate with requesters who have access to the internet using electronic means, such as through email or a web portal. A component shall honor a requester's preference for receiving a record in a particular form or format where it is readily reproducible by the component in the form or format requested. (b) Acknowledgement of requests. The component responsible for responding to the request must acknowledge, in writing, receipt of a Privacy Act request for access. A component shall initially respond to the requester by acknowledging the Privacy Act request for access, assigning the request an individualized tracking number, and, if applicable, confirming, in writing, the requester's agreement to pay fees in accordance with § 16.49. (c) Timing of responses to a Privacy Act request for access. (1) Components ordinarily will respond to Privacy Act requests for access according to their order of receipt. The response time will commence on the date that the request is received by the proper component's office designated to receive requests, but in any event not later than ten (10) working days after the request is first received by any component's office designated by this subpart to receive requests. (2) A component may designate multiple processing tracks that distinguish between simple and more complex Privacy Act requests for access, based on the estimated amount of work or time needed to process the request. Among the factors a component may consider are the number of pages involved in processing the request and the need for consultations or referrals. Components may advise requesters of the track into which their request falls and, when appropriate, may offer requesters an opportunity to narrow their request so that it can be placed in a different processing track. (d) Granting a Privacy Act request for access. Once a component makes a determination to grant a Privacy Act request for access, in whole or in part, it shall notify the req… | |||||
| 28:28:1.0.1.1.17.4.4.5 | 28 | Judicial Administration | I | 16 | PART 16—PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION | D | Subpart D—Access to and Amendment of Individual Records Pursuant to the Privacy Act of 1974, and Other Privacy Protections | § 16.44 Classified information. | DOJ | In processing a Privacy Act request for access, a Privacy Act request for amendment or correction, or a Privacy Act request for accounting, in which information is classified under any applicable Executive order concerning the classification of records, to the extent the requester lacks the appropriate security clearance and fails otherwise to meet all requirements to access the classified record or information, the originating component shall review the information in the record to determine whether it should remain classified. Information determined to no longer require classification shall be de-classified and the record evaluated for an appropriate release to the requester, subject to any applicable exemptions or exceptions. On receipt of any appeal involving classified information, the official responsible for adjudicating the appeal shall take appropriate action to ensure compliance with part 17 of this title. | |||||
| 28:28:1.0.1.1.17.4.4.6 | 28 | Judicial Administration | I | 16 | PART 16—PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION | D | Subpart D—Access to and Amendment of Individual Records Pursuant to the Privacy Act of 1974, and Other Privacy Protections | § 16.45 Privacy Act access appeals. | DOJ | (a) Requirement for making a Privacy Act access appeal. A requester may appeal an adverse determination to a Privacy Act request for access to the Office of Information Policy (“OIP”). The contact information for OIP is contained in the FOIA Reference Guide, which is available at https://www.justice.gov/oip/04_3.html. Appeals may also be submitted through the web portal accessible on OIP's website. Examples of an adverse determination to a Privacy Act request for access are provided in § 16.43. The requester must make the appeal in writing. To be considered timely, the requester must postmark, or in the case of electronic submissions, submit the request, within 90 calendar days after the date of the adverse determination. The appeal should indicate the assigned request number and clearly identify the component's determination that is being appealed. To facilitate handling, the requester should mark both the appeal letter and envelope, or include in the subject line of any electronic communication, “Privacy Act Access Appeal.” (b) Adjudication of Privacy Act access appeals. (1) The Director of OIP, or a designee of the Director of OIP, shall act on behalf of the Attorney General on all Privacy Act access appeals under this section, unless the Attorney General directs otherwise. (2) Should the Attorney General exercise the right to respond to a Privacy Act request for access, the Attorney General's decision shall serve as the final action of the Department and will not be subject to a Privacy Act access appeal. (3) A Privacy Act access appeal ordinarily will not be adjudicated if the request becomes a matter of litigation. (c) Responses to Privacy Act access appeals. (1) OIP shall make its decision on an appeal in writing. (2) A decision that upholds a component's adverse determination to the Privacy Act request for access, in whole or in part, shall include a brief statement of the reason(s) for the affirmance, including any Privacy Act exemption applied, and shall provide the requester with notificat… | |||||
| 28:28:1.0.1.1.17.4.4.7 | 28 | Judicial Administration | I | 16 | PART 16—PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION | D | Subpart D—Access to and Amendment of Individual Records Pursuant to the Privacy Act of 1974, and Other Privacy Protections | § 16.46 Privacy Act requests for amendment or correction. | DOJ | (a) Requirements for making a Privacy Act request for amendment or correction. Unless the record is not subject to amendment or correction, as stated in paragraph (i) of this section, individuals may make a Privacy Act request for amendment or correction of a Department record about themselves. Requesters must write directly to the Department component that maintains the record. A Privacy Act request for amendment or correction shall identify each particular record in question, state the amendment or correction that the requester would like to make, and state why the requester believes the record is not accurate, relevant, timely, or complete. Requesters may submit any documentation that would be helpful in determining the accuracy, relevance, timeliness, or completeness of the record. If the requester believes that the same record is in more than one Department system of records, the requester should address the request to each component that the requester believes maintains the record. For the quickest possible handling, requesters should mark both their request letter and envelope “Privacy Act Amendment Request.” Components and requesters must otherwise follow the procedures and responsibilities set forth in §§ 16.41 and 16.42. (b) Timing of responses to a Privacy Act request for amendment or correction. (1) Components responsible for responding to a Privacy Act request for amendment or correction must acknowledge, in writing, receipt of the request no later than ten (10) working days after receipt. (2) Components must promptly respond to a Privacy Act request for amendment or correction. Components ordinarily will respond to Privacy Act requests for amendment or correction according to their order of receipt. The response time will commence on the date that the request is received by the proper component's office designated to receive requests, but in any event no later than ten (10) working days after the request is first received by any component's office designated by this subpart to receive requests… | |||||
| 28:28:1.0.1.1.17.4.4.8 | 28 | Judicial Administration | I | 16 | PART 16—PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION | D | Subpart D—Access to and Amendment of Individual Records Pursuant to the Privacy Act of 1974, and Other Privacy Protections | § 16.47 Privacy Act requests for an accounting of record disclosures. | DOJ | (a) Requirements for making a Privacy Act request for accounting of record disclosures. Except where accountings of disclosures are not required to be kept as stated in paragraph (c) of this section, individuals may make a Privacy Act request for an accounting of record disclosures about themselves that have been made by the Department to another person, organization, or agency. This accounting contains the date, nature, and purpose of each disclosure, as well as the name and address of the person, organization, or agency to which the disclosure was made. If the requester believes that the same record is in more than one system of records, the requester should address their request to each component that the requester believes maintains the record. For the quickest possible handling, requesters should mark both their request letters and envelopes “Privacy Act Accounting Request.” Requests must otherwise follow the procedures in § 16.41. (b) Processing Privacy Act requests for an accounting of record disclosures. Unless otherwise specified in this section, components shall process Privacy Act requests for accountings of record disclosures following the procedures in §§ 16.42 and 16.43. (c) Where accountings of record disclosures are not required. Components are not required to provide Privacy Act accountings of record disclosures to a requester in cases in which they relate to: (1) Disclosures of information not subject to the Privacy Act; (2) Disclosures of records not maintained in a system of records; (3) Disclosures of records maintained in a system of records for which accountings are not required to be kept, including disclosures to those officers and employees of the Department who have a need for the record in the performance of their duties, 5 U.S.C. 552a(b)(1), or disclosures that are required under the FOIA, 5 U.S.C. 552a(b)(2); (4) Disclosures made to law enforcement agencies for authorized law enforcement activities in response to written requests from those law enforcement agencies specif… | |||||
| 28:28:1.0.1.1.17.4.4.9 | 28 | Judicial Administration | I | 16 | PART 16—PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION | D | Subpart D—Access to and Amendment of Individual Records Pursuant to the Privacy Act of 1974, and Other Privacy Protections | § 16.48 Preservation of records. | DOJ | Each component shall preserve all correspondence pertaining to the requests that it receives under this subpart, as well as copies of all requested records, until disposition or destruction is authorized by title 44 of the United States Code or by the National Archives and Records Administration's General Records Schedule 4.2. Records shall not be disposed of while they are the subject of a pending request, appeal, or lawsuit under the Privacy Act. | |||||
| 28:28:1.0.1.1.17.5.4.1 | 28 | Judicial Administration | I | 16 | PART 16—PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION | E | Subpart E—Exemption of Records Systems Under the Privacy Act | § 16.70 Exemption of the Office of the Attorney General System—limited access. | DOJ | [Order No. 31-85, 51 FR 751, Jan. 8, 1986] | (a) The following system of records is exempt from 5 U.S.C. 552a(c) (3) and (4); (d); (e) (1), (2) and (3), (e)(4) (G) and (H), (e)(5); and (g): (1) General Files System of the Office of the Attorney General (JUSTICE/OAG-001). These exemptions apply only to the extent that information in the system is subject to exemption pursuant to 5 U.S.C. 552a (j)(2), (k)(1), (k)(2), and (k)(5). (b) Exemptions from the particular subsections are justified for the following reasons: (1) From subsection (c)(3) because making available to a record subject the accounting of disclosures from records concerning him/her would reveal investigative interest on the part of the Department of Justice as well as the recipient agency. This would permit record subjects to impede the investigation, e.g., destroy evidence, intimidate potential witnesses, or flee the area to avoid inquiries or apprehension by law enforcement personnel. (2) From subsection (c)(4) because this system is exempt from the access provisions of subsection (d) pursuant to subsections (j) and (k) of the Privacy Act. (3) From subsection (d) because the records contained in this system relate to official Federal investigations. Individual access to these records might compromise ongoing investigations, reveal confidential informants or constitute unwarranted invasions of the personal privacy of third parties who are involved in a certain investigation. Amendment of the records would interfere with ongoing criminal law enforcement proceedings and impose an impossible administrative burden by requiring criminal investigations to be continuously reinvestigated. (4) From subsections (e) (1) and (5) because in the course of law enforcement investigations, information may occasionally be obtained or introduced the accuracy of which is unclear or which is not strictly relevant or necessary to a specific investigation. In the interests of effective law enforcement, it is appropriate to retain all information that may aid in establishing patterns of criminal activity. More… | ||||
| 28:28:1.0.1.1.17.5.4.10 | 28 | Judicial Administration | I | 16 | PART 16—PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION | E | Subpart E—Exemption of Records Systems Under the Privacy Act | § 16.79 Exemption of Pardon Attorney System. | DOJ | [Order No. 005-2003, 68 FR 4929, Jan. 31, 2003] | (a) The following system of records is exempt from 5 U.S.C. 552a, subsections (c)(3), (c)(4), (d)(1), (d)(2), (d)(3), (d)(4), and (e)(5): Executive Clemency Case Files/Executive Clemency Tracking System (JUSTICE/OPA-001). These exemptions apply only to the extent that information in this system of records is subject to exemption pursuant to 5 U.S.C. 552a(j)(2). (b) Exemption from the particular subsections is justified for the following reasons: (1) From subsection (c)(3) because: (i) The purpose of the creation and maintenance of the Executive Clemency Case Files/Executive Clemency Tracking System (JUSTICE/OPA-001) is to enable the Justice Department to prepare reports and recommendations to the President for his ultimate decisions on clemency matters, which are committed to exclusive discretion of the President pursuant to Article II, Section 2, Clause 1 of the Constitution. (ii) Release of the disclosure accounting, for disclosures pursuant to the routine uses published for this system, would permit the requester to obtain valuable information concerning the nature and scope of a clemency investigation, invade the right of candid and confidential communications among officials concerned with making recommendations to the President in clemency matters, and disclose the identity of persons who furnished information to the Government under an express or implied promise that their identities would be held in confidence. (2) From subsection (c)(4) because the exemption from subsections (d)(1), (d)(2), (d)(3), and (d)(4) will make notification of disputes inapplicable. (3) From subsections (d)(1), (d)(2), (d)(3), and (d)(4) is justified for the reasons stated in paragraph (b)(1) of this section. (4) From subsection (e)(5) is justified for the reasons stated in paragraph (b)(1) of this section. | ||||
| 28:28:1.0.1.1.17.5.4.11 | 28 | Judicial Administration | I | 16 | PART 16—PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION | E | Subpart E—Exemption of Records Systems Under the Privacy Act | § 16.80 Exemption of Office of Professional Responsibility System—limited access. | DOJ | [Order No. 58-81, 46 FR 3509, Jan. 15, 1981, as amended by Order No. 159-99, 64 FR 17977, Apr. 13, 1999] | (a) The following system of records is exempt from 5 U.S.C. 552a(c)(3) and (4), (d), (e)(1), (2) and (3), (e)(4)(G) and (H), (e)(5) and (8), (f) and (g): (1) Office of Professional Responsibility Record Index (JUSTICE/OPR-001). These exemptions apply only to the extent that information in the system is subject to exemption pursuant to 5 U.S.C. 552a(j)(2), (k)(1), (k)(2), and (k)(5). (b) Exemptions from the particular subsections are justified for the following reasons: (1) From subsection (c)(3) because release of the disclosure accounting would enable the subject of an investigation to gain information concerning the existence, nature and scope of the investigation and seriously hamper law enforcement efforts. (2) From subsections (c)(4), (d), (e)(4)(G) and (H), (f) and (g) because these provisions concern individual access to records and such access might compromise ongoing investigations, reveal confidential informants and constitute unwarranted invasions of the personal privacy of third persons who provide information in connection with a particular investigation. (3) From subsections (e)(1) and (5) because the collection of information during an investigation necessarily involves material pertaining to other persons or events which is appropriate in a thorough investigation, even though portions thereof are not ultimately connected to the person or event subject to the final action or recommendation of the Office of Professional Responsibility. (4) From subsection (e)(2) because collecting the information from the subject would thwart the investigation by placing the subject on notice of the investigation. (5) From subsections (e)(3) and (e)(8) because disclosure and notice would provide the subject with substantial information which could impede or compromise the investigation. For example, an investigatory subject occupying a supervisory position could, once made aware that a misconduct investigation was ongoing, put undue pressure on subordinates so as to preclude their cooperation with investigat… | ||||
| 28:28:1.0.1.1.17.5.4.12 | 28 | Judicial Administration | I | 16 | PART 16—PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION | E | Subpart E—Exemption of Records Systems Under the Privacy Act | § 16.81 Exemption of United States Attorneys Systems—limited access. | DOJ | [Order No. 645-76, 41 FR 12640, Mar. 26, 1976, as amended by Order No. 716-77, 42 FR 23506, May 9, 1977; Order No. 738-77, 42 FR 38177, July 27, 1977; Order No. 6-86, 51 FR 15476, Apr. 24, 1986; Order No. 57-91, 56 FR 58306, Nov. 19, 1991; Order No. 224-2001, 66 FR 17809, Apr. 4, 2001; Order No. 008-2015, 80 FR 34051, June 15, 2015] | (a) The following systems of records are exempt from 5 U.S.C. 552a(c) (3) and (4), (d), (e) (1), (2) and (3), (e)(4) (G) and (H), (e) (5) and (8), (f), and (g): (1) Citizen Complaint Files (JUSTICE/USA-003). (2) Civil Case Files (JUSTICE/USA-005). (3) Consumer Complaints (JUSTICE/USA-006). (4) Criminal Case Files (JUSTICE/USA-007). (5) Kline-District of Columbia and Maryland-Stock and Land Fraud Interrelationship Filing System (JUSTICE/USA-009). (6) Major Crimes Division Investigative Files (JUSTICE/USA-010). (7) Prosecutor's Management Information System (PROMIS) (JUSTICE/USA-011). (8) United States Attorney, District of Columbia Superior Court Division, Criminal Files (JUSTICE/USA-013). (9) Pre-trial Diversion Program Files (JUSTICE/USA-014). These exemptions apply to the extent that information in these systems is subject to exemption pursuant to U.S.C. 552a(j)(2), (k)(1) and (k)(2). (b) Exemptions from the particular subsections are justified for the following reasons: (1) From subsection (c)(3) because the release of the disclosure accounting, for disclosures pursuant to the routine uses published for these systems, would permit the subject of a criminal investigation and/or civil case or matter under investigation, litigation, regulatory or administrative review or action, to obtain valuable information concerning the nature of that investigation, case or matter and present a serious impediment to law enforcement or civil legal activities. (2) From subsection (c)(4) since an exemption is being claimed for subsection (d), this subsection will not be applicable. (3) From subsection (d) because access to the records contained in these systems would inform the subject of criminal investigation and/or civil investigation, matter or case of the existence of that investigation, provide the subject of the investigation with information that might enable him to avoid detection, apprehension or legal obligations, and present a serious impediment to law enforcement and other civil remedies. (4) From sub… | ||||
| 28:28:1.0.1.1.17.5.4.13 | 28 | Judicial Administration | I | 16 | PART 16—PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION | E | Subpart E—Exemption of Records Systems Under the Privacy Act | § 16.82 Exemption of the National Drug Intelligence Center Data Base—limited access. | DOJ | [Order No. 78-93, 58 FR 41038, Aug. 2, 1993] | (a) The following system of records is exempted pursuant to the provisions of 5 U.S.C. 552a(j)(2) from subsections (c) (3) and (4); (d); (e) (1), (2), and (3); (e)(4)(I); (e) (5) and (8); and (g) of 5 U.S.C. 552a. In addition, the following system of records is exempted pursuant to the provisions of 5 U.S.C. 552a (k)(1) and (k)(2) from subsections (c)(3), (d), and (e)(1) and (e)(4)(I) of 5 U.S.C. 552a: (1) National Drug Intelligence Center Data Base (JUSTICE/NDIC-001). (2) [Reserved] (b) These exemptions apply only to the extent that information in this system is subject to exemption pursuant to 5 U.S.C. 552a(j)(2), (k)(1), and (k)(2). Where compliance would not appear to interfere with or adversely affect the law enforcement process, and/or where it may be appropriate to permit individuals to contest the accuracy of the information collected, e.g., public source materials, the applicable exemption may be waived, either partially or totally, by the National Drug Intelligence Center (NDIC). Exemptions from the particular subsections are justified for the following reasons: (1) From subsection (c)(3) for the same reasons that the system is exempted from the provisions of subsection (d). (2) From subsection (c)(4) because this system is exempt from the access provisions of subsection (d) pursuant to subsection (j)(2) of the Privacy Act. (3) From subsection (d) because disclosure to the subject could alert the subject of an investigation pertaining to narcotic trafficking or related activity of the fact and nature of the investigation, and/or of the investigative interest of NDIC and other intelligence or law enforcement agencies (including those responsible for civil proceedings related to laws against drug trafficking); lead to the destruction of evidence, improper influencing of witnesses, fabrication of testimony, and/or flight of the subject; reveal the details of a sensitive investigative or intelligence technique, or the identity of a confidential source; or otherwise impede, compromise, or interfere wit… | ||||
| 28:28:1.0.1.1.17.5.4.14 | 28 | Judicial Administration | I | 16 | PART 16—PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION | E | Subpart E—Exemption of Records Systems Under the Privacy Act | § 16.83 Exemption of the Executive Office for Immigration Review System—limited access. | DOJ | [Order No. 18-86, 51 FR 32305, Sept. 11, 1986, as amended by Order No. 180-99, 64 FR 61787, Nov. 15, 1999; Order No. 11-2019; 84 FR 64200, Nov. 21, 2019] | (a) The following system of records is exempt from 5 U.S.C. 552a(d): (1) The Executive Office for Immigration Review's Records and Management Information System (JUSTICE/EOIR-001). This exemption applies only to the extent that information in the system is subject to exemption pursuant to 5 U.S.C. 552a(k) (1) and (2). (b) Exemption from the particular subsections are justified for the following reasons: (1) From subsection (d) because access to information which has been properly classified pursuant to an Executive Order could have an adverse effect on the national security. In addition, from subsection (d) because unauthorized access to certain investigatory material could compromise ongoing or potential investigations; reveal the identity of confidential informants; or constitute unwarranted invasions of the personal privacy of third parties. (2) From subsection (d) (2), (3), and (4) because the record of proceeding constitutes an official record which includes transcripts of quasi-judicial administrative proceedings, investigatory materials, evidentiary materials such as exhibits, decisional memoranda, and other case-related papers. Administrative due process could not be achieved by the ex parte “correction” of such materials by the individual who is the subject thereof. (c) The following system of records is exempted form 5 U.S.C. 552a(d). (1) Practitioner Compliant/Disciplinary Files (JUSTICE/EOIR 003). This exemption applies only to the extent that information in this system is subject to exemption pursuant to 5 U.S.C. 552a(j)(2), (k)(1), and (k)(2). To the extent that information in a record pertaining to an individual does not relate to national defense or foreign policy, official Federal investigations and/or law enforcement matters, the exemption does not apply. In addition, where compliance would not appear to interfere with or adversely affect the overall law or regulatory enforcement process, the applicable exemption may be waived by the Executive Office for Immigration Review. (d) Exemption… | ||||
| 28:28:1.0.1.1.17.5.4.15 | 28 | Judicial Administration | I | 16 | PART 16—PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION | E | Subpart E—Exemption of Records Systems Under the Privacy Act | § 16.84 Exemption of Immigration Appeals System. | DOJ | (a) The following system of records is exempt from 5 U.S.C. 552a(d) (2), (3) and (4): (1) Decisions of the Board of Immigration Appeals (JUSTICE/BIA-001). This exemption applies only to the extent that information in this system is subject to exemption pursuant to 5 U.S.C. 552a(k). (b) Exemptions from the particular subsections are justified for the following reasons: (1) From subsections (d) (2), (3) and (4) because the decisions reflected constitute official records of opinions rendered in quasi-judicial proceedings. Administrative due process could not be achieved by the ex parte “correction” of such opinions by the subject of the opinion. | |||||
| 28:28:1.0.1.1.17.5.4.16 | 28 | Judicial Administration | I | 16 | PART 16—PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION | E | Subpart E—Exemption of Records Systems Under the Privacy Act | § 16.85 Exemption of U.S. Parole Commission—limited access. | DOJ | [Order No. 645-76, 41 FR 12640, Mar. 26, 1976, as amended by Order No. 14-78, 43 FR 45993, Oct. 5, 1978; Order No. 899-80, 45 FR 43703, June 30, 1980; Order No. 6-86, 51 FR 15477, Apr. 24, 1986] | (a) The following systems of records are exempt from 5 U.S.C. 552a (c) (3) and (4), (d), (e) (2) and (3), (e)(4) (G) and (H), (e)(8), (f) and (g): (1) Docket Scheduling and Control System (JUSTICE/PRC-001). (2) Inmate and Supervision Files System (JUSTICE/PRC-003). (3) Labor and Pension Case, Legal File, and General Correspondence System (JUSTICE/PRC-004). (4) Statistical, Educational and Developmental System (JUSTICE/PRC-006). (5) Workload Record, Decision Result, and Annual Report System (JUSTICE/PRC-007). These exemptions apply only to the extent that information in these systems is subject to exemptions pursuant to 5 U.S.C. 552a(j)(2). (b) Exemptions from the particular subsections are justified for the following reasons: (1) From subsection (c)(3) because revealing disclosure of accountings to inmates and persons on supervision could compromise legitimate law enforcement activities and U.S. Parole Commission responsibilities. (2) From subsection (c)(4) because the exemption from subsection (d) will make notification of disputes inapplicable. (3) From subsection (d) because this is essential to protect internal processes by which Commission personnel are able to formulate decisions and policies with regard to federal prisoners and persons under supervision, to prevent disclosures of information to federal inmates or persons on supervision that would jeopardize legitimate correctional interests of security, custody, supervision, or rehabilitation, to permit receipt of relevant information from other federal agencies, state and local law enforcement agencies, and federal and state probation and judicial offices, to allow private citizens to express freely their opinions for or against parole, to allow relevant criminal history type information of co-defendants to be kept in files, to allow medical, psychiatric and sociological material to be available to professional staff, and to allow a candid process of fact selection, opinion formulation, evaluation and recommendation to be continued by profession… | ||||
| 28:28:1.0.1.1.17.5.4.17 | 28 | Judicial Administration | I | 16 | PART 16—PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION | E | Subpart E—Exemption of Records Systems Under the Privacy Act | § 16.88 Exemption of Antitrust Division Systems—limited access. | DOJ | [Order No. 2-86, 51 FR 884, Jan. 9, 1986] | (a) The following system of records is exempt from 5 U.S.C. 552a (c)(3), (d), (e)(4) (G) and (H), and (f): (1) Antitrust Caseload Evaluation System (ACES)—Monthly Report (JUSTICE/ATR-006). These exemptions apply only to the extent that information in this system is subject to exemption pursuant to 5 U.S.C. 552a (k)(2). (b) Exemption from the particular subsections are justified for the following reasons: (1) From subsection (c)(3) because information in this system is maintained in aid of ongoing antitrust enforcement investigations and proceedings. The release of the accounting of disclosures made under subsection (b) of the Act would permit the subject of an investigation of an actual or potential criminal or civil violation to determine whether he is the subject of an investigation. Disclosure of the accounting would therefore present a serious impediment to antitrust law enforcement efforts. (2) From subsection (d) because access to the information retrievable from this system and compiled for law enforcement purposes could result in the premature disclosure of the identity of the subject of an investigation of an actual or potential criminal or civil violation and information concerning the nature of that investigation. This information could enable the subject to avoid detection or apprehension. This would present a serious impediment to effective law enforcement since the subject could hinder or prevent the successful completion of the investigation. Further, confidential business and financial information, the identities of confidential sources of information, third party privacy information, and statutorily confidential information such as grand jury information must be protected from disclosure. (3) From subsections (e)(4)(G) and (H), and (f) because this system is exempt from the individual access provisions of subsection (d). (c) The following system of records is exempt from 5 U.S.C. 552a (c)(3), (d), (e)(4)(G) and (H), and (f): (1) Freedom of Information/Privacy—Requester/Subject Index File … | ||||
| 28:28:1.0.1.1.17.5.4.18 | 28 | Judicial Administration | I | 16 | PART 16—PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION | E | Subpart E—Exemption of Records Systems Under the Privacy Act | § 16.89 Exemption of Civil Division Systems—limited access. | DOJ | [Order No. 27-88, 54 FR 113, Jan. 4, 1989] | (a) The following systems of records are exempted pursuant to 5 U.S.C. 552a(j)(2) from subsections (c) (3) and (4), (d), (e)(1), (e)(2), (e)(3), (e)(4) (G) and (H), (e)(5), (e)(8), and (g); in addition, the following systems of records are exempted pursuant to 5 U.S.C. 552a (k)(1) and (k)(2) from subsections (c)(3), (d), (e)(1), (e)(4) (G) and (H): (1) Civil Division Case File System, JUSTICE/CIV-001. (2) Freedom of Information/Privacy Acts File System, JUSTICE/CIV-005. These exemptions apply only to the extent that information in these systems is subject to exemption pursuant to 5 U.S.C. 552a (j)(2), (k)(1) and (k)(2). (b) Only that information which relates to the investigation, prosecution, or defense of actual or potential criminal or civil litigation, or which has been properly classified in the interest of national defense and foreign policy is exempted for the reasons set forth from the following subsections: (1) Subsection (c)(3). To provide the subject of a criminal or civil matter or case under investigation with an accounting of disclosures of records concerning him or her would inform that individual (and others to whom the subject might disclose the records) of the existence, nature, or scope of that investigation and thereby seriously impede law enforcement efforts by permitting the record subject and others to avoid criminal penalties and civil remedies. (2) Subsections (c)(4), (e)(4) (G) and (H), and (g). These provisions are inapplicable to the extent that these systems of records are exempted from subsection (d). (3) Subsection (d). To the extent that information contained in these systems has been properly classified, relates to the investigation and/or prosecution of grand jury, civil fraud, and other law enforcement matters, disclosure could compromise matters which should be kept secret in the interest of national security or foreign policy; compromise confidential investigations or proceedings; hamper sensitive civil or criminal investigations; impede affirmative enforcement ac… | ||||
| 28:28:1.0.1.1.17.5.4.19 | 28 | Judicial Administration | I | 16 | PART 16—PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION | E | Subpart E—Exemption of Records Systems Under the Privacy Act | § 16.90 Exemption of Civil Rights Division Systems. | DOJ | [Order No. 019-2003, 68 FR 61622, Oct. 29, 2003] | (a) The following system of records is exempted from subsections (c)(3) and (4); (d)(1), (2), (3) and (4); (e)(1), (2), (3), (5), and (8); and (g) of the Privacy Act pursuant to 5 U.S.C. 552a (j) and (k): Central Civil Rights Division Index File and Associated Records (JUSTICE/CRT-001). These exemptions apply only to the extent that information in a record is subject to exemption pursuant to 5 U.S.C. 552a (j)(2), (k)(1) and (k)(2). (b) Exemptions from the particular subsections are justified for the following reasons: (1) Subsection (c)(3). To provide the subject of a criminal, civil, or administrative matter or case under investigation with an accounting of disclosures of records concerning him or her could inform that individual of the existence, nature, or scope of an actual or potential criminal or civil violation to gain valuable information concerning the nature and scope of the investigation, to determine whether he or she is the subject of the investigation, and seriously impede law enforcement efforts by permitting the record subject and other persons to whom he or she might disclose the records to avoid criminal penalties, civil remedies, or administrative measures. (2) Subsection (c)(4). This subsection is inapplicable to the extent that an exemption is being claimed for subsection (d). (3) Subsection (d)(1). Disclosure of investigatory information could interfere with the investigation, reveal the identity of confidential sources, and result in an unwarranted invasion of the privacy of others. Disclosure of classified national security information would cause damage to the national security of the United States. In addition, these records may be subject to protective orders entered by federal courts to protect their confidentiality. Further, many of the records contained in this system are copies of documents which are the property of state agencies and were obtained under express or implied promises to strictly protect their confidentiality. (4) Subsection (d)(2). Amendment of the record… | ||||
| 28:28:1.0.1.1.17.5.4.2 | 28 | Judicial Administration | I | 16 | PART 16—PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION | E | Subpart E—Exemption of Records Systems Under the Privacy Act | § 16.71 Exemption of the Office of the Deputy Attorney General System—limited access. | DOJ | [Order No. 57-91, 56 FR 58305, Nov. 19, 1991, as amended by Order No. 006-2013, 78 FR 69754, Nov. 21, 2013] | (a) The following systems of records and exempt from 5 U.S.C. 552a(d)(1) and (e)(1): (1) Presidential Appointee Candidate Records System (JUSTICE/DAG-006). (2) Presidential Appointee Records System (JUSTICE/DAG-007). (3) Special Candidates for Presidential Appointments Records System (JUSTICE/DAG-008). (4) Miscellaneous Attorney Personnel Records System (JUSTICE/DAG-011). These exemptions apply only to the extent that information in these systems is subject to exemption pursuant to 5 U.S.C. 552a(k)(5). (b) Exemptions from the particular subsections are justified for the following reasons: (1) From subsection (d)(1) because many persons are contacted who, without an assurance of anonymity, refuse to provide information concerning a candidate for a Presidential appointee or Department attorney position. Access could reveal the identity of the source of the information and constitute a breach of the promise of confidentiality on the part of the Department of Justice. Such breaches ultimately would restrict the free flow of information vital to a determination of a candidate's qualifications and suitability. (2) From subsection (e)(1) because in the collection of information for investigative and evaluative purposes, it is impossible to determine in advance what exact information may be of assistance in determining the qualifications and suitability of a candidate. Information which may appear irrelevant, when combined with other seemingly irrelevant information, can on occasion provide a composite picture of a candidate for a position which assists in determining whether that candidate should be nominated for appointment. (c) The General Files System of the Office of the Deputy Attorney General (JUSTICE/DAG-013) is exempt from 5 U.S.C. 552a(c)(3) and (4); (d); (e)(1), (2), (3) and (5); and (g). (d) The exemptions for the General Files System apply only to the extent that information is subject to exemption pursuant to 5 U.S.C. 552a(j)(2), (k)(1), (k)(2) and (k)(5). (e) Exemptions from the particular subse… | ||||
| 28:28:1.0.1.1.17.5.4.20 | 28 | Judicial Administration | I | 16 | PART 16—PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION | E | Subpart E—Exemption of Records Systems Under the Privacy Act | § 16.91 Exemption of Criminal Division Systems—limited access, as indicated. | DOJ | [Order No. 645-76, 41 FR 12640, Mar. 26, 1976, as amended by Order No. 659-76, 41 FR 32423, Aug. 3, 1976; Order No. 11-78, 43 FR 38386, Aug. 28, 1978; Order No. 30-79, 44 FR 54046, Sept. 18, 1979; Order No. 6-86, 7-86, 51 FR 15475, 15477, Apr. 24, 1986; Order No. 018-2004, 69 FR 72114, Dec. 13, 2004; Order No. 015-2006, 71 FR 58278, Oct. 3, 2006; Order No. 003-2009, 74 FR 42776, Aug. 25, 2009; Order No. 006-2013, 78 FR 69754, Nov. 21, 2013] | (a) The following systems of records are exempted pursuant to the provisions of 5 U.S.C. 552a(j)(2) from subsections (c) (3) and (4), (d), (e) (1), (2) and (3), (e)(4) (G), (H) and (I), (e) (5) and (8), (f) and (g) of 5 U.S.C. 552a; in addition, the following systems of records are exempted pursuant to the provisions of 5 U.S.C. 552a (k)(1) and (k)(2) from subsections (c)(3), (d), (e)(1), (e)(4) (G), (H), and (I), and (f) of 5 U.S.C. 552a: (1) Central Criminal Division, Index File and Associated Records System of Records (JUSTICE/CRM-001)—Limited Access. This system of records and associated exemptions is adopted by and applies with equal force and effect to the National Security Division, until modified, superseded, or revoked in accordance with law. (2) General Crimes Section, Criminal Division, Central Index File and Associated Records System of Records (JUSTICE/CRM-004)—Limited Access. These exemptions apply to the extent that information in those systems are subject to exemption pursuant to 5 U.S.C. 552a (j)(2), (k)(1) and (k)(2). (b) The systems of records listed under paragraphs (b)(1) and (b)(2) of this section are exempted, for the reasons set forth, from the following provisions of 5 U.S.C. 552a: (1). (c)(3). The release of the disclosure accounting for disclosures made pursuant to subsection (b) of the Act, including those permitted under the routine uses published for these systems of records, would permit the subject of an investigation of an actual or potential criminal, civil, or regulatory violation to determine whether he is the subject of investigation, or to obtain valuable information concerning the nature of that investigation, and the information obtained, or the identity of witnesses and informants and would therefore present a serious impediment to law enforcement. In addition, disclosure of the accounting would amount to notice to the individual of the existence of a record; such notice requirement under subsection (f)(1) is specifically exempted for these systems of records. (2). (… | ||||
| 28:28:1.0.1.1.17.5.4.21 | 28 | Judicial Administration | I | 16 | PART 16—PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION | E | Subpart E—Exemption of Records Systems Under the Privacy Act | § 16.92 Exemption of Environment and Natural Resources Division Systems—limited access. | DOJ | [Order No. 688-77, 42 FR 10000, Feb. 18, 1977, as amended by Order No. 207-2000, 65 FR 75158, Dec. 1, 2000] | (a)(1) The following system of records is exempted pursuant to 5 U.S.C. 552a(j)(2) from subsections (c)(3) and (4), (d), (e)(1), (e)(2), (e)(3), (e)(5), (e)(8), (f) and (g); in addition, the following systems of records are exempted pursuant to 5 U.S.C. 552a(k)(1) and (k)(2) from subsections (c)(3), (d), and (e)(1): (i) Environment and Natural Resources Division Case and Related Files System, JUSTICE/ENRD-003. (ii) [Reserved] (2) These exemptions apply only to the extent that information in this system relates to the investigation, prosecution or defense of actual or potential criminal or civil litigation, or which has been properly classified in the interest of national defense and foreign policy, and therefore is subject to exemption pursuant to 5 U.S.C. 552a(j)(2), (k)(1) and (k)(2). To the extent that information in a record pertaining to an individual does not relate to national defense or foreign policy, official Federal investigations, and/or law enforcement matters, the exemption does not apply. In addition, where compliance would not appear to interfere with or adversely affect the overall law or regulatory enforcement process, the applicable exemption may be waived by the Environment and Natural Resources Division. (b) Only that information that relates to the investigation, prosecution or defense of actual or potential criminal or civil litigation, or which has been properly classified in the interest of national defense and foreign policy is exempted for the reasons set forth from the following subsections: (1) Subsection (c)(3). Subsection (c)(3) requires an agency to provide an accounting of disclosures of records concerning an individual. To provide the subject of a criminal or civil matter or case under investigation with an accounting of disclosures of records would inform that individual (and others to whom the subject might disclose the records) of the existence, nature, or scope of that investigation and thereby seriously impede law enforcement efforts by permitting the record subject a… | ||||
| 28:28:1.0.1.1.17.5.4.22 | 28 | Judicial Administration | I | 16 | PART 16—PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION | E | Subpart E—Exemption of Records Systems Under the Privacy Act | § 16.93 Exemption of Tax Division Systems—limited access. | DOJ | [Order No. 742-77, 42 FR 40906, Aug. 12, 1977, as amended by Order No. 6-86, 51 FR 15478, Apr. 24, 1986; Order No. 003-2006, 71 FR 11309, Mar. 7, 2006] | (a) The following systems of records are exempted pursuant to the provisions of 5 U.S.C. 552a (j)(2) from subsections (c)(3), (c)(4), (d)(1), (d)(2), (d)(3), (d)(4), (e)(1), (e)(2), (e)(3), (e)(4)(G), (e)(4)(H), (e)(4)(I), (e)(5), (e)(8), (f) and (g) of 5 U.S.C. 552a: (1) Tax Division Central Classification Cards, Index Docket Cards, and Associated Records—Criminal Tax Cases (JUSTICE/TAX-001)—Limited Access. (2) These exemptions apply to the extent that information in these systems is subject to exemption pursuant to 5 U.S.C. 552a(j)(2). (b) The system of records listed under paragraph (a)(1) of this section is exempted for the reasons set forth below, from the following provisions of 5 U.S.C. 552a: (1)(c)(3). The release of the disclosure accounting, for disclosures made pursuant to subsection (b) of the Act, including those permitted under the routine uses published for those systems of records, would enable the subject of an investigation of an actual or potential criminal tax case to determine whether he or she is the subject of investigation, to obtain valuable information concerning the nature of that investigation and the information obtained, and to determine the identity of witnesses or informants. Such access to investigative information would, accordingly, present a serious impediment to law enforcement. In addition, disclosure of the accounting would constitute notice to the individual of the existence of a record even though such notice requirement under subsection (f)(1) is specifically exempted for these systems of records. (2)(c)(4). Since an exemption is being claimed for subsection (d) of the Act (Access to Records) this subsection is inapplicable to the extent that these systems of records are exempted from subsection (d). (3) (d)(1); (d)(2); (d)(3); (d)(4). Access to the records contained in these systems would inform the subject of an actual or potential criminal tax investigation of the existence of that investigation, of the nature and scope of the information and evidence obtained as… | ||||
| 28:28:1.0.1.1.17.5.4.23 | 28 | Judicial Administration | I | 16 | PART 16—PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION | E | Subpart E—Exemption of Records Systems Under the Privacy Act | § 16.96 Exemption of Federal Bureau of Investigation Systems—limited access. | DOJ | [Order No. 40-80, 45 FR 5301, Jan. 23, 1980] | (a) The following system of records is exempt from 5 U.S.C. 552a(c)(3), (d), (e)(1), (e)(2), (e)(3), (e)(4)(G) and (H), (e)(5), (e)(8), (f) and (g): (1) Central Records System (CRS) (JUSTICE/FBI-002). These exemptions apply only to the extent that information in this system is subject to exemption pursuant to 5 U.S.C. 552(j) and (k). Where compliance would not appear to interfere with or adversely affect the overall law enforcement process, the applicable exemption may be waived by the FBI. (b) Exemptions from the particular subsections are justified for the following reasons: (1) From subsection (c)(3) because making available to a record subject the accounting of disclosures from records concerning him/her would reveal investigative interest by not only the FBI, but also by the recipient agency. This would permit the record subject to take appropriate measures to impede the investigation, e.g., destroy evidence, intimidate potential witnesses or flee the area to avoid the thrust of the investigation. (2)(i) From subsections (d), (e)(4) (G) and (H), (f) and (g) because these provisions concern individual access to investigative records, compliance with which could compromise sensitive information classified in the interest of national security, interfere with the overall law enforcement process by revealing a pending sensitive investigation, possibly identify a confidential source or disclose information which would constitute an unwarranted invasion of another individual's personal privacy, reveal a sensitive investigative technique, or constitute a potential danger to the health or safety to law enforcement personnel. (ii) Also, individual access to non-criminal investigative records, e.g., civil investigations and administrative inquiries, as described in subsection (k) of the Privacy Act, could also compromise classified information related to national security, interfere with a pending investigation or internal inquiry, constitute an unwarranted invasion of privacy, reveal a confidential source or sen… | ||||
| 28:28:1.0.1.1.17.5.4.24 | 28 | Judicial Administration | I | 16 | PART 16—PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION | E | Subpart E—Exemption of Records Systems Under the Privacy Act | § 16.97 Exemption of Bureau of Prisons Systems—limited access. | DOJ | [Order No. 645-76, 41 FR 12640, Mar. 26, 1976] | (a) The following systems of records are exempt from 5 U.S.C. 552a (c) (3) and (4), (d), (e) (2) and (3), (e)(4) (H), (e)(8), (f) and (g): (1) Custodial and Security Record System (JUSTICE/BOP-001). (2) Industrial Inmate Employment Record System (JUSTICE/BOP-003). (3) Inmate Administrative Remedy Record System (JUSTICE/BOP-004). (4) Inmate Commissary Accounts Record System (JUSTICE/BOP-006). (5) Inmate Physical and Mental Health Record System (JUSTICE/BOP-007). (6) Inmate Safety and Accident Compensation Record System (JUSTICE/BOP-008). (7) Federal Tort Claims Act Record System (JUSTICE/BOP-009). (8) Federal Tort Claims Act Record System (JUSTICE/BOP-009). These exemptions apply only to the extent that information in these systems is subject to exemption pursuant to 5 U.S.C. 552a(j). (b) Exemptions from the particular subsections are justified for the following reasons: (1) From subsection (c)(3) because inmates will not be permitted to gain access or to contest contents of these record systems under the provisions of subsection (d) of 5 U.S.C. 552a. Revealing disclosure accountings can compromise legitimate law enforcement activities and Bureau of Prisons responsibilities. (2) From subsection (c)(4) because exemption from provisions of subsection (d) will make notification of formal disputes inapplicable. (3) From subsection (d) because exemption from this subsection is essential to protect internal processes by which Bureau personnel are able to formulate decisions and policies with regard to federal prisoners, to prevent disclosure of information to federal inmates that would jeopardize legitimate correctional interests of security, custody, or rehabilitation, and to permit receipt of relevant information from other federal agencies, state and local law enforcement agencies, and federal and state probation and judicial offices. (4) From subsection (e)(2) because primary collection of information directly from federal inmates about criminal sentences or criminal records is highly impractical and i… | ||||
| 28:28:1.0.1.1.17.5.4.25 | 28 | Judicial Administration | I | 16 | PART 16—PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION | E | Subpart E—Exemption of Records Systems Under the Privacy Act | § 16.98 Exemption of the Drug Enforcement Administration (DEA) Systems—limited access. | DOJ | [Order No. 88-94, 59 FR 29717, June 9, 1994, as amended by Order No. 127-97, 62 FR 2903, Jan. 21, 1997; Order No. 009-2003, 68 FR 14140, Mar. 24, 2003; 72 FR 54825, Sept. 27, 2007; CPCLO Order No. 002-2013, 78 FR 14672, Mar. 7, 2013] | (a) The following systems of records are exempt from 5 U.S.C. 552a(c)(3) and (d): (1) Automated Records and Consummated Orders System/Diversion Analysis and Detection System (ARCOS/DADS) (Justice/DEA-003) (2) Controlled Substances Act Registration Records (Justice/DEA-005) (3) Registration Status/Investigatory Records (Justice/DEA-012) (b) These exemptions apply only to the extent that information in these systems is subject to exemption pursuant to 5 U.S.C. 552a(k)(2). Exemptions from the particular subsections are justified for the following reasons: (1) From subsection (c)(3) because release of the disclosure accounting would enable the subject of an investigation to gain valuable information concerning the nature and scope of the investigation and seriously hamper the regulatory functions of the DEA. (2) From subsection (d) because access to records contained in these systems may provide the subject of an investigation information that could enable him to avoid compliance with the Drug Abuse Prevention and Control Act of 1970 (Pub. L. 91-513). (c) Systems of records identified in paragraphs (c)(1) through (6) of this section are exempted pursuant to the provisions of 5 U.S.C. 552a (j)(2) from subsections (c)(3) and (4); (d)(1), (2), (3), and (4); (e)(1), (2), (3), (5), and (8); and (g) of 5 U.S.C. 552a. In addition, systems of records identified in paragraphs (c)(1) through (5) of this section are also exempted pursuant to the provisions of 5 U.S.C. 552a(k)(1) from subsections (c)(3); (d)(1), (2), (3) and (4); and (e)(1): (1) Air Intelligence Program (Justice/DEA-001). (2) Clandestine Laboratory Seizure System (CLSS) (Justice/DEA-002). (3) Planning and Inspection Division Records (Justice/DEA-010). (4) Operation Files (Justice/DEA-011). (5) Security Files (Justice/DEA-013). (6) System to Retrieve Information from Drug Evidence (STRIDE/Ballistics) (Justice/DEA-014). (d) Exemptions apply to the following systems of records only to the extent that information in the systems is subject to exemption … | ||||
| 28:28:1.0.1.1.17.5.4.26 | 28 | Judicial Administration | I | 16 | PART 16—PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION | E | Subpart E—Exemption of Records Systems Under the Privacy Act | § 16.99 Exemption of the Immigration and Naturalization Service Systems-limited access. | DOJ | [Order No. 645-76, 41 FR 12640, Mar. 26, 1976, as amended by Order No. 688-77, 42 FR 10001, Feb. 18, 1977; Order No. 6-84, 49 FR 20812, May 17, 1984; Order No. 25-88, 53 FR 41161, Oct. 20, 1988; Order No. 137-97, 62 FR 34169, June 25, 1997; Order No. 142-97, 62 FR 44083, Aug. 19, 1997; Order No. 196-2000, 65 FR 21139, Apr. 20, 2000; Order No. 197-2000, 65 FR 21140, Apr. 20, 2000] | (a) The following systems of records of the Immigration and Naturalization Service are exempt from 5 U.S.C. 552a (c) (3) and (4), (d), (e) (1), (2) and (3), (e) (4)(G) and (H), (e) (5) and (8), and (g): (1) The Immigration and Naturalization Service Alien File (A-File) and Central Index System (CIS), JUSTICE/INS-001A. (2) The Immigration and Naturalization Service Index System, JUSTICE/INS-001 which consists of the following subsystems: (i) Agency Information Control Record Index. (ii) Alien Enemy Index. (iii) Congressional Mail Unit Index. (iv) Air Detail Office Index. (v) Anti-smuggling Index (general). (vi) Anti-smuggling Information Centers Systems for Canadian and Mexican Borders. (vii) Border Patrol Sectors General Index System. (viii) Contact Index. (ix) Criminal, Narcotic, Racketeer and Subversive Indexes. (x) Enforcement Correspondence Control Index System. (xi) Document Vendors and Alterers Index. (xii) Informant Index. (xiii) Suspect Third Party Index. (xiv) Examination Correspondence Control Index. (xv) Extension Training Enrollee Index. (xvi) Intelligence Index. (xvii) Naturalization and Citizenship Indexes. (xviii) Personnel Investigations Unit Indexes. (xix) Service Look-Out Subsystem. (xx) White House and Attorney General Correspondence Control Index. (xxi) Fraudulent Document Center Index. (xxii) Emergency Reassignment Index. (xxiii) Alien Documentation, Identification, and Telecommunication (ADIT) System. The exemptions apply to the extent that information in these subsystems is subject to exemption pursuant to 5 U.S.C. 552a (j)(2) and (k)(2). (3) The Immigration and Naturalization Service “National Automated Immigration Lookout System (NAILS) JUSTICE/INS-032.” The exemptions apply only to the extent that records in the system are subject to exemptions pursuant to 5 U.S.C. 552a(j)(2) and (k)(2). (b) Exemptions from the particular subsections are justified for the following reasons: (1) From subsection (c)(3) because the release of the disclosure accounting for disclo… | ||||
| 28:28:1.0.1.1.17.5.4.27 | 28 | Judicial Administration | I | 16 | PART 16—PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION | E | Subpart E—Exemption of Records Systems Under the Privacy Act | § 16.100 Exemption of Office of Justice Programs—limited access. | DOJ | [Order No. 645-76, 41 FR 12640, Mar. 26, 1976, as amended by Order No. 5-78, 43 FR 36439, Aug. 17, 1978; Order No. 43-80, 45 FR 6780, Jan. 30, 1980; Order No. 6-86, 51 FR 15479, Apr. 24, 1986; Order No. 6-236-2001, 66 FR 35374, July 5, 2001] | (a) The following system of records is exempt from 5 U.S.C. 552a(d): (1) The Civil Rights Investigative System (JUSTICE/OJP-008). This exemption applies only to the extent that information in this system is subject to exemption pursuant to 5 U.S.C. 552a(k)(2). (b) Exemption from subsection (d) is claimed since access to information in the Civil Rights Investigative System prior to final administrative resolution will deter conciliation and compliance efforts. Consistent with the legislative purpose of the Privacy Act of 1974, decisions to release information from the system will be made on a case-by-case basis and information will be made available where it does not compromise the complaint and compliance process. In addition, where explicit promises of confidentiality must be made to a source during an investigation, disclosure will be limited to the extent that the identity of such confidential sources will not be compromised. | ||||
| 28:28:1.0.1.1.17.5.4.28 | 28 | Judicial Administration | I | 16 | PART 16—PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION | E | Subpart E—Exemption of Records Systems Under the Privacy Act | § 16.101 Exemption of U.S. Marshals Service Systems—limited access, as indicated. | DOJ | [Order No. 645-76, 41 FR 12640, Mar. 26, 1976, as amended by Order No. 8-83, 48 FR 19024, Apr. 27, 1983; Order No. 10-86, 51 FR 20275, June 4, 1986; Order No. 11-86, 51 FR 20277, June 4, 1986; Order No. 61-92, 57 FR 3284, Jan. 29, 1992; Order No. 66-92, 57 FR 20654, May 14, 1992; Order No. 105-95, 60 FR 30467, June 9, 1995; Order No. 212-2001, 66 FR 6470, Jan. 22, 2001] | (a) The following system of records is exempt from 5 U.S.C. 552(a)(c) (3) and (4), (d), (e) (1), (2) and (3), (e)(4) (G) and (H), (e)(5), (e)(8), (f) and (g): (1) Warrant Information System (JUSTICE/USM-007). These exemptions apply only to the extent that information in this system is subject to exemption pursuant to 5 U.S.C. 552a(j)(2). (b) Exemptions from the particular subsections are justified for the following reasons: (1) From subsection (c)(3) because the release of disclosure accounting for disclosure made pursuant to subsection (b) of the Act, including those permitted under routine uses published for this system of records would permit a person to determine whether he is the subject of a criminal investigation, and to determine whether a warrant has been issued against him, and therefore present a serious impediment to law enforcement. (2) From subsection (c)(4) since an exemption is being claimed for subsection (d) of the Act, this section is inapplicable. (3) From subsection (d) because access to records would inform a person for whom a federal warrant has been issued of the nature and scope of information obtained as to his activities, of the identity of informants, and afford the person sufficient information to enable the subject to avoid apprehension. These factors would present a serious impediment to law enforcement in that they would thwart the warrant process and endanger lives of informants etc. (4) From subsections (e)(1) and (e)(5) because the requirements of these subsections would present a serious impediment to law enforcement in that it is impossible to determine in advance what information collected during an investigation will be important or crucial to the apprehension of Federal fugitives. In the interest of effective law enforcement, it is appropriate in a thorough investigation to retain seemingly irrelevant, untimely, or inaccurate information which, with the passage of time, would aid in establishing patterns of activity and provide investigative leads toward fugitive app… | ||||
| 28:28:1.0.1.1.17.5.4.29 | 28 | Judicial Administration | I | 16 | PART 16—PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION | E | Subpart E—Exemption of Records Systems Under the Privacy Act | § 16.102 Exemption of Drug Enforcement Administration and Immigration and Naturalization Service Joint System of Records. | DOJ | [Order No. 742-77, 42 FR 40907, Aug. 12, 1977] | (a) The following system of records is exempted pursuant to provisions of 5 U.S.C. 552a(j)(2) from subsections (c) (3) and (4), (d), (e) (1), (2) and (3), (e)(4) (G), (H), and (I), (e)(5) and (8), (f), (g), and (h) of 5 U.S.C. 552a; in addition the following system of records is exempted pursuant to the provisions of 5 U.S.C. 552 (k)(1) and (k)(2) from subsections (c)(3), (d), (e)(1), (e)(4) (G), (H), and (I), and (f) of 5 U.S.C. 552a. (1) Automated Intelligence Record System (Pathfinder), JUSTICE/DEA-INS-111. These exemptions apply to the extent that information in those systems is subject to exemption pursuant to 5 U.S.C. 552a (j)(2), (k)(1) and (k)(2). (b) The system of records listed under paragraph (a) of this section is exempted, for the reasons set forth from the following provisions of 5 U.S.C. 552a: (1)(c)(3). The release of the disclosure accounting for disclosures made pursuant to subsection (b) of the Act, including those permitted under the routine uses published for these systems of records, would permit the subject of an investigation of an actual or potential criminal, civil, or regulatory violation to determine whether he is the subject of investigation, or to obtain valuable information concerning the nature of that investigation, and the information obtained, or the identity of witnesses and informants and would therefore present a serious impediment to law enforcement. In addition, disclosure of the accounting would amount to notice to the individual of the existence of a record; such notice requirement under subsection (f)(1) is specifically exempted for these systems of records. (2)(c)(4). Since an exemption is being claimed for subsection (d) of the Act (Access to Records) this subsection is inapplicable to the extent that these systems of records are exempted from subsection (d). (3)(d). Access to the records contained in these systems would inform the subject of an investigation of an actual or potential criminal, civil, or regulatory violation of the existence of that investigation… | ||||
| 28:28:1.0.1.1.17.5.4.3 | 28 | Judicial Administration | I | 16 | PART 16—PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION | E | Subpart E—Exemption of Records Systems Under the Privacy Act | § 16.72 Exemption of Office of the Associate Attorney General System—limited access. | DOJ | [Order No. 57-91, 56 FR 58305, Nov. 19, 1991] | (a) The following system of records is exempt from 5 U.S.C. 552a(c) (3) and (4); (d); (e)(1), (2), (3) and (5); and (g): (1) General Files System of the Office of the Associate Attorney General (JUSTICE/AAG-001). These exemptions apply only to the extent that information in the system is subject to exemption pursuant to 5 U.S.C. 552a(j)(2), (k)(1), (k)(2) and (k)(5). (b) Exemptions from the particular subsections are justified for the following reasons: (1) From subsection (c)(3) because making available to a record subject the accounting of disclosures from records concerning him/her could reveal investigative interest on the part of the Department of Justice, as well as the recipient agency. This would permit record subjects to impede the investigation, e.g., destroy evidence, intimidate potential witnesses, or flee the area to avoid inquiries or apprehension by law enforcement personnel. Further, making available to a record subject the accounting of disclosures could reveal the identity of a confidential source. In addition, release of an accounting of disclosures may reveal information that is properly classified pursuant to Executive Order 12356, and thereby cause damage to the national security. (2) From subsection (c)(4) because this system is exempt from the access provisions of subsection (d) pursuant to subsections (j)(2), (k)(1), (k)(2) and (k)(5) of the Privacy Act. (3) From subsection (d) because the records contained in this system relate to official Federal investigations. Individual access to these records could compromise ongoing investigations, reveal confidential informants and/or sensitive investigative techniques used in particular investigations, or constitute unwarranted invasions of the personal privacy of third parties who are involved in a certain investigation. In addition, release of these records may reveal information that is properly classified pursuant to Executive Order 12356, and thereby cause damage to the national security. Amendment of the records in this system would i… | ||||
| 28:28:1.0.1.1.17.5.4.30 | 28 | Judicial Administration | I | 16 | PART 16—PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION | E | Subpart E—Exemption of Records Systems Under the Privacy Act | § 16.103 Exemption of the INTERPOL-United States National Central Bureau (INTERPOL-USNCB) System. | DOJ | [Order No. 8-82, 47 FR 44255, Oct. 7, 1982, as amended by Order No. 6-86, 51 FR 15479, Apr. 24, 1986] | (a) The following system of records is exempt from 5 U.S.C. 552a(c) (3) and (4), (d), (e) (1), (2), and (3), (e)(4) (G) and (H), (e)(5) and (8), (f) and (g): (1) The INTERPOL-United States National Central Bureau (INTERPOL-USNCB) (Department of Justice) INTERPOL-USNCB Records System (JUSTICE/INTERPOL-001). This exemption applies only to the extent that information in this system is subject to exemption pursuant to 5 U.S.C. 552a (j)(2), (k)(2), and (k)(5). (b) Exemptions from the particular subsections are justified for the following reasons: (1) From subsection (c)(3) because the release of accounting disclosures would place the subject of an investigation on notice that he is under investigation and provide him with significant information concerning the nature of the investigation, thus resulting in a serious impediment to law enforcement. (2) From subsections (c)(4), (d), (e)(4) (G), and (H), (f) and (g) because these provisions concern individual access to records and such access might compromise ongoing investigations reveal investigatory techniques and confidential informants, and invade the privacy of private citizens who provide information in connection with a particular investigation. (3) From subsection (e)(1) because information received in the course of an international criminal investigation may involve a violation of state or local law, and it is beneficial to maintain this information to provide investigative leads to state and local law enforcement agencies. (4) From subsection (e)(2) because collecting information from the subject of criminal investigations would thwart the investigation by placing the subject on notice. (5) From subsection (e)(3) because supplying an individual with a statement of the intended use of the requested information could compromise the existence of a confidential investigation, and may inhibit cooperation. (6) From subsection (e)(5) because the vast majority of these records come from local criminal justice agencies and it is administratively impossible to e… | ||||
| 28:28:1.0.1.1.17.5.4.31 | 28 | Judicial Administration | I | 16 | PART 16—PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION | E | Subpart E—Exemption of Records Systems Under the Privacy Act | § 16.104 Exemption of Office of Special Counsel—Waco System. | DOJ | [Order No. 208-2000, 65 FR 75160, Dec. 1, 2000] | (a) The following system of records is exempted from subsections (c)(3) and (4); (d)(1), (2), (3), and (4); (e)(1), (2), (3), (5) and (8); and (g) of the Privacy Act pursuant to 5 U.S.C. 552a(j) and (k): CaseLink Document Database for Office of Special Counsel—Waco, JUSTICE/OSCW-001. These exemptions apply only to the extent that information in a record is subject to exemption pursuant to 5 U.S.C. 552a(j) and (k). (b) Only that portion of this system which consists of criminal or civil investigatory information is exempted for the reasons set forth from the following subsections: (1) Subsection (c)(3). To provide the subject of a criminal or civil matter or case under investigation with an accounting of disclosures of records concerning him or her would inform that individual of the existence, nature, or scope of that investigation and thereby seriously impede law enforcement efforts by permitting the record subject and other persons to whom he might disclose the records to avoid criminal penalties and civil remedies. (2) Subsection (c)(4). This subsection is inapplicable to the extent that an exemption is being claimed for subsection (d). (3) Subsection (d)(1). Disclosure of investigatory information could interfere with the investigation, reveal the identity of confidential sources, and result in an unwarranted invasion of the privacy of others. (4) Subsection (d)(2). Amendment of the records would interfere with ongoing criminal law enforcement proceedings and impose an impossible administrative burden by requiring criminal investigations to be continuously reinvestigated. (5) Subsections (d)(3) and (4). These subsections are inapplicable to the extent exemption is claimed from (d)(1) and (2). (6) Subsections (e)(1) and (5). It is often impossible to determine in advance if investigatory records contained in this system are accurate, relevant, timely and complete; but, in the interests of effective law enforcement, it is necessary to retain this information to aid in establishing patterns of… | ||||
| 28:28:1.0.1.1.17.5.4.32 | 28 | Judicial Administration | I | 16 | PART 16—PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION | E | Subpart E—Exemption of Records Systems Under the Privacy Act | § 16.105 Exemption of Foreign Terrorist Tracking Task Force System. | DOJ | [Order No. 278-2002, 67 FR 51756, Aug. 9, 2002] | (a) The following system of records is exempt from 5 U.S.C. 552a, subsections (c)(3), (d)(1), (2), (3) and (4), and (e)(1) and (4)(I): Flight Training Candidates File System (JUSTICE/FTTTF-001). This exemption applies only to the extent that information is subject to exemption pursuant to 5 U.S.C. 552a(k)(1). (b) Exemption from the particular subsections is justified for the following reasons: (1) From subsection (c)(3) because making available to a record subject the accounting of disclosures could reveal information that is classified in the interest of national security. (2) From subsection (d)(1), (2), (3) and (4) because access to and amendment of certain portions of records within the system would tend to reveal or compromise information classified in the interest of national security. (3) From subsection (e)(1) because it is often impossible to determine in advance if information obtained will be relevant for the purposes of conducting the risk analysis for flight training candidates. (4) From subsection (e)(4)(I) to the extent that this subsection is interpreted to require more detail regarding the record sources in this system than have been published in the Federal Register. Should the subsection be so interpreted, exemption from this provision is necessary because greater specificity concerning the sources of these records could compromise national security. | ||||
| 28:28:1.0.1.1.17.5.4.33 | 28 | Judicial Administration | I | 16 | PART 16—PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION | E | Subpart E—Exemption of Records Systems Under the Privacy Act | § 16.106 Exemption of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF)—Limited Access. | DOJ | [Order No. 002-2003, 68 FR 3393, Jan. 24, 2003] | (a) The following system of records is exempt from 5 U.S.C. 552a(c)(3) and (4), (d)(1), (2), (3) and (4), (e)(1), (2), and (3), (e)(4)(G), (H) and (I), (e)(5) and (8), (f) and (g). (1) Criminal Investigation Report System (JUSTICE/ATF-003). (2) These exemptions apply only to the extent that information in this system is subject to exemption pursuant to 5 U.S.C. 552a(j)(2). Where compliance would not appear to interfere with or adversely affect the overall law enforcement process, ATF may waive the applicable exemption. (b) Exemptions from the particular subsections are justified for the following reasons: (1) From subsection (c)(3) because making available to a record subject the accounting of disclosures from records concerning him/her would reveal investigative interest not only of ATF, but also of the recipient agency. This would permit the record subject to take measures to impede the investigation, e.g., destroy evidence, intimidate potential witnesses or flee the area to avoid the thrust of the investigation. (2) From subsection (c)(4) because an exemption being claimed for subsection (d) makes this subsection inapplicable. (3) From subsections (d)(1), (e)(4)(G) and (H), (f) and (g) because these provisions concern individual access to investigative records, compliance with which could compromise sensitive information, interfere with the overall law enforcement process by revealing a pending sensitive investigation, possibly identify a confidential source or disclose information, including actual or potential tax information, which would constitute an unwarranted invasion of another individual's personal privacy, reveal a sensitive investigative technique, or constitute a potential danger to the health or safety of law enforcement personnel. (4) From subsection (d)(2) because, due to the nature of the information collected and the essential length of time it is maintained, to require ATF to amend information thought to be incorrect, irrelevant or untimely, would create an impossible administrative an… | ||||
| 28:28:1.0.1.1.17.5.4.34 | 28 | Judicial Administration | I | 16 | PART 16—PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION | E | Subpart E—Exemption of Records Systems Under the Privacy Act | § 16.130 Exemption of Department of Justice Systems: Correspondence Management Systems for the Department of Justice (DOJ-003); Freedom of Information Act, Privacy Act and Mandatory Declassification Review Requests and Administrative Appeals for the Department of Justice (DOJ-004). | DOJ | [Order No. 241-2001, 66 FR 41445, Aug. 8, 2001; 66 FR 43308, Aug. 17, 2001] | (a) The following Department of Justice systems of records are exempted from subsections (c)(3) and (4); (d)(1), (2), (3) and (4); (e)(1), (2), (3), (5) and (8); and (g) of the Privacy Act pursuant to 5 U.S.C. 552a(j) and (k). These exemptions apply only to the extent that information in a record is subject to exemption pursuant to 5 U.S.C. 552a(j) and (k). (1) Correspondence Management Systems (CMS) for the Department of Justice (DOJ), DOJ/003. (2) Freedom of Information Act, Privacy Act, and Mandatory Declassification Review Requests and Administrative Appeals for the Department of Justice (DOJ), DOJ/004. (b) These systems are exempted for the reasons set forth from the following subsections: (1) Subsection (c)(3). To provide the subject of a criminal, civil, or counterintelligence matter or case under investigation with an accounting of disclosures of records concerning him or her could inform that individual of the existence, nature, or scope of that investigation, and thereby seriously impede law enforcement or counterintelligence efforts by permitting the record subject and other persons to whom he might disclose the records to avoid criminal penalties, civil remedies, or counterintelligence measures. (2) Subsection (c)(4). This subsection is inapplicable to the extent that an exemption is being claimed for subsection (d). (3) Subsection (d)(1). Disclosure of investigatory information could interfere with the investigation, reveal the identity of confidential sources, and result in an unwarranted invasion of the privacy of others. Disclosure of classified national security information would cause damage to the national security of the United States. (4) Subsection (d)(2). Amendment of the records would interfere with ongoing criminal or civil law enforcement proceedings and impose an impossible administrative burden by requiring investigations to be continuously reinvestigated. (5) Subsections (d)(3) and (4). These subsections are inapplicable to the extent exemption is claimed from (d)(1)… | ||||
| 28:28:1.0.1.1.17.5.4.35 | 28 | Judicial Administration | I | 16 | PART 16—PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION | E | Subpart E—Exemption of Records Systems Under the Privacy Act | § 16.131 Exemption of Department of Justice (DOJ)/Nationwide Joint Automated Booking System (JABS), DOJ-005. | DOJ | [Order No. 242-2001, 66 FR 41445, Aug. 8, 2001; 66 FR 44308, Aug. 17, 2001] | (a) The following system of records is exempt from 5 U.S.C. 552a(c)(3) and (4), (d), (e)(1), (2), (3), (4)(G) and (H), (e)(5) and (8), (f) and (g): Nationwide Joint Automated Booking System, Justice/DOJ-005. These exemptions apply only to the extent that information in the system is subject to exemption pursuant to 5 U.S.C. 552a(j)(2) and (k)(2). Where compliance would not interfere with or adversely affect the law enforcement process, the DOJ may waive the exemptions, either partially or totally. (b) Exemption from the particular subsections are justified for the following reasons: (1) From subsections (c)(3), (c)(4), and (d) to the extent that access to records in this system of records may impede or interfere with law enforcement efforts, result in the disclosure of information that would constitute an unwarranted invasion of the personal privacy of collateral record subjects or other third parties, and/or jeopardize the health and/or safety of third parties. (2) From subsection (e)(1) to the extent that it is necessary to retain all information in order not to impede, compromise, or interfere with law enforcement efforts, e.g., where the significance of the information may not be readily determined and/or where such information may provide leads or assistance to Federal and other law enforcement agencies in discharging their law enforcement responsibilities. (3) From subsection (e)(2) because, in some instances, the application of this provision would present a serious impediment to law enforcement since it may be necessary to obtain and verify information from a variety to sources other than the record subject to ensure safekeeping, security, and effective law enforcement. For example, it maybe necessary that medical and psychiatric personnel provide information regarding the subject's behavior, physical. health, or mental stability, etc. to ensure proper care while in custody, or it may be necessary to obtain information from a case agent or the court to ensure proper disposition of the subject individu… | ||||
| 28:28:1.0.1.1.17.5.4.36 | 28 | Judicial Administration | I | 16 | PART 16—PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION | E | Subpart E—Exemption of Records Systems Under the Privacy Act | § 16.132 Exemption of Department of Justice System—Personnel Investigation and Security Clearance Records for the Department of Justice (DOJ), DOJ-006. | DOJ | [Order No. 297-2002, 67 FR 70163, Nov. 21, 2002] | (a) The following Department of Justice system of records is exempted from subsections (c)(3) and (4); (d)(1), (2), (3) and (4); (e)(1),(2),(3),(5) and (8); and (g) of the Privacy Act pursuant to 5 U.S.C. 552a(j) and (k): Personnel Investigation and Security Clearance Records for the Department of Justice (DOJ), DOJ-006. These exemptions apply only to the extent that information in a record is subject to exemption pursuant to 5 U.S.C. 552a(j) and (k). (b) Exemption from the particular subsections is justified for the following reasons: (1) Subsection (c)(3). To provide the subject with an accounting of disclosures of records in this system could inform that individual of the existence, nature, or scope of an actual or potential law enforcement or counterintelligence investigation, and thereby seriously impede law enforcement or counterintelligence efforts by permitting the record subject and other persons to whom he might disclose the records to avoid criminal penalties, civil remedies, or counterintelligence measures. (2) Subsection (c)(4). This subsection is inapplicable to the extent that an exemption is being claimed for subsection (d). (3) Subsection (d)(1). Disclosure of records in the system could reveal the identity of confidential sources and result in an unwarranted invasion of the privacy of others. Disclosure may also reveal information relating to actual or potential criminal investigations. Disclosure of classified national security information would cause damage to the national security of the United States. (4) Subsection (d)(2). Amendment of the records could interfere with ongoing criminal or civil law enforcement proceedings and impose an impossible administrative burden by requiring investigations to be continuously reinvestigated. (5) Subsections (d)(3) and (4). These subsections are inapplicable to the extent exemption is claimed from (d)(1) and (2). (6) Subsection (e)(1). It is often impossible to determine in advance if investigatory records contained in this system are … | ||||
| 28:28:1.0.1.1.17.5.4.37 | 28 | Judicial Administration | I | 16 | PART 16—PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION | E | Subpart E—Exemption of Records Systems Under the Privacy Act | § 16.133 Exemption of Department of Justice Regional Data Exchange System (RDEX), DOJ-012. | DOJ | [Order No. 007-2005, 70 FR 49870, Aug. 25, 2005] | (a) The Department of Justice Regional Data Exchange System (RDEX), DOJ-012, is exempted from subsections (c)(3) and (4); (d)(1), (2), (3), and (4); (e)(1), (2), (3), (5), and (8); and (g) of the Privacy Act pursuant to 5 U.S.C. 552a(j)(2). These exemptions apply only to the extent that information in a record is subject to exemption pursuant to 5 U.S.C. 552a(j)(2). (b) This system is exempted from the following subsections for the reasons set forth below: (1) From subsection (c)(3) because making available to a record subject the accounting of disclosures of criminal law enforcement records concerning him or her could inform that individual of the existence, nature, or scope of an investigation, or could otherwise seriously impede law enforcement efforts. (2) From subsection (c)(4) because this system is exempt from subsections (d)(1), (2), (3), and (4). (3) From subsection (d)(1) because disclosure of criminal law enforcement information could interfere with an investigation, reveal the identity of confidential sources, and result in an unwarranted invasion of the privacy of others. (4) From subsection (d)(2) because amendment of the records would interfere with ongoing criminal law enforcement proceedings and impose an impossible administrative burden by requiring investigations to be continuously reinvestigated. (5) From subsections (d)(3) and (4) because these subsections are inapplicable to the extent that exemption is claimed from subsections (d)(1) and (2). (6) From subsection (e)(1) because it is often impossible to determine in advance if criminal law enforcement records contained in this system are relevant and necessary, but, in the interests of effective law enforcement, it is necessary to retain this information to aid in establishing patterns of activity and provide investigative leads. (7) From subsection (e)(2) because collecting information from the subject individual could serve notice that he or she is the subject of a criminal law enforcement matter and thereby present a serious imped… | ||||
| 28:28:1.0.1.1.17.5.4.38 | 28 | Judicial Administration | I | 16 | PART 16—PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION | E | Subpart E—Exemption of Records Systems Under the Privacy Act | § 16.134 Exemption of Debt Collection Enforcement System, Justice/DOJ-016. | DOJ | [Order No. 009-2012, 77 FR 23117, Apr. 18, 2012] | (a) The following system of records is exempt pursuant to 5 U.S.C. 552a(j)(2) from subsections (c)(3) and (4); (d)(1), (2), (3), and (4); (e)(1), (2), (3), (4)(G), (H) and (I), (5) and (8); (f) and (g) of the Privacy Act. In addition, the system is exempt pursuant to 5 U.S.C. 552a(k)(2) from subsections (c)(3); (d)(1), (2), (3), and (4); (e)(1); (4)(G), (H), and (I); and (f). These exemptions apply only to the extent that information in this system is subject to exemption pursuant to 5 U.S.C. 552a(j)(2) or (k)(2). Where compliance would not appear to interfere with or adversely affect the law enforcement purposes of this system, or the overall law enforcement process, the applicable exemption may be waived by the DOJ in its sole discretion. (b) Exemptions from the particular subsections are justified for the following reasons: (1) From subsection (c)(3), the requirement that an accounting be made available to the named subject of a record, because certain records in this system are exempt from the access provisions of subsection (d). Also, because making available to a record subject the accounting of disclosures from records concerning him/her would specifically reveal any investigative interest in the individual. Revealing this information may thus compromise ongoing law enforcement efforts. Revealing this information may also permit the record subject to take measures to impede the investigation, such as destroying evidence, intimidating potential witnesses or fleeing the area to avoid the investigation. (2) From subsection (c)(4) notification requirements because certain records in this system are exempt from the access and amendment provisions of subsection (d) as well as the access to accounting of disclosures provision of subsection (c)(3). (3) From subsections (d)(1), (2), (3), and (4) because access to the records contained in this system might compromise ongoing investigations, reveal confidential informants, or constitute unwarranted invasions of the personal privacy of third parties who are involv… | ||||
| 28:28:1.0.1.1.17.5.4.39 | 28 | Judicial Administration | I | 16 | PART 16—PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION | E | Subpart E—Exemption of Records Systems Under the Privacy Act | § 16.135 Exemptions of Executive Office for Organized Crime Drug Enforcement Task Forces Systems. | DOJ | [Order No. 006-2013, 78 FR 69754, Nov. 21, 2013; 78 FR 77586, Dec. 24, 2013] | (a) The following systems of records are exempt from 5 U.S.C. 552a(c)(3) and (4); (d)(1), (2), (3), and (4); (e)(1), (2), (3), (4)(G), (H), and (I), (5), and (8); (f); and (g): (1) The Organized Crime Drug Enforcement Task Forces Management Information System (OCDETF MIS) (JUSTICE/OCDETF-001); and (2) The Organized Crime Drug Enforcement Task Force Fusion Center and International Organized Crime Intelligence and Operations Center System (JUSTICE/OCDETF-002). (b) These exemptions apply only to the extent that information is subject to exemption under 5 U.S.C. 552a(j) and/or (k). (c) Exemptions from the particular subsections are justified for the following reasons: (1) From subsection (c)(3) because to provide the subject with an accounting of disclosures of records in these systems could inform that individual of the existence, nature, or scope of an actual or potential law enforcement or counterintelligence investigation by the Organized Crime Drug Enforcement Task Forces, the Organized Crime Drug Enforcement Task Force Fusion Center, the International Organized Crime Intelligence and Operations Center, or the recipient agency, and could permit that individual to take measures to avoid detection or apprehension, to learn of the identity of witnesses and informants, or to destroy evidence, and would therefore present a serious impediment to law enforcement or counterintelligence efforts. In addition, disclosure of the accounting would amount to notice to the individual of the existence of a record. Moreover, release of an accounting may reveal information that is properly classified pursuant to Executive Order. (2) From subsection (c)(4) because this subsection is inapplicable to the extent that an exemption is being claimed for subsections (d)(1), (2), (3), and (4). (3) From subsection (d)(1) because disclosure of records in the system could alert the subject of an actual or potential criminal, civil, or regulatory violation of the existence of that investigation, of the nature and scope of the informatio… | ||||
| 28:28:1.0.1.1.17.5.4.4 | 28 | Judicial Administration | I | 16 | PART 16—PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION | E | Subpart E—Exemption of Records Systems Under the Privacy Act | § 16.73 Exemption of Office of Legal Policy Systems. | DOJ | [Order No. 009-2021, 86 FR 54369, Oct. 1, 2021] | (a) The Judicial Nominations Files (JUSTICE/OLP-002) system of records is exempt from subsections (c)(3); (d); (e)(1), (e)(4)(G), (H), and (I); and (f) of the Privacy Act, pursuant to 5 U.S.C. 552a(k)(1), (k)(2), (k)(5), and (k)(6). The exemptions in this paragraph (a) apply only to the extent that information in this system of records is subject to an exemption, pursuant to 5 U.S.C. 552a(k). Where compliance would not appear to interfere with or adversely affect the Office of Legal Policy's (OLP's) processes, OLP may waive the applicable exemption. (b) Exemptions from the particular subsections in paragraph (a) of this section are justified for the following reasons: (1) From subsection (c)(3), the requirement that an accounting be made available to the named subject of a record, because release of disclosure accountings could alert the subject of an investigation and/or evaluation to the extent of an investigation and/or evaluation. Such a disclosure could also reveal investigative interests by not only OLP, but also other recipient agencies or components. Since release of such information to the subjects of an investigation would provide them with significant information concerning the nature of the investigation and/or evaluation, release could result in the destruction of documentary evidence, improper influencing of witnesses, endangerment of the physical safety of confidential sources, witnesses, and law enforcement personnel, the fabrication of testimony, and other activities that could impede or compromise the investigation and/or evaluation. In addition, providing the individual an accounting for each disclosure could result in the release of properly classified information which would compromise the national defense or disrupt foreign policy. (2) From subsection (d), the access and amendment provisions, because many persons are contacted who, without an assurance of anonymity, refuse to provide information concerning the subject of an investigation and/or evaluation. Access could reveal the identity… | ||||
| 28:28:1.0.1.1.17.5.4.40 | 28 | Judicial Administration | I | 16 | PART 16—PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION | E | Subpart E—Exemption of Records Systems Under the Privacy Act | § 16.136 Exemption of the Department of Justice, Giglio Information System, Justice/DOJ-017. | DOJ | [Order No. 008-2015, 80 FR 34051, June 15, 2015] | (a) The Department of Justice, Giglio Information Files (JUSTICE/DOJ-017) system of records is exempted from subsections (c)(3) and (4); (d)(1), (2), (3), and (4); (e)(1), (2), (3), (4)(G), (H), and (I), (5), and (8); (f); and (g) of the Privacy Act. These exemptions apply only to the extent that information in this system is subject to exemption pursuant to 5 U.S.C. 552a(j) and/or (k). (b) Exemptions from the particular subsections are justified for the following reasons: (1) From subsection (c)(3) because this subsection is inapplicable to the extent that an exemption is being claimed for subsection (d). (2) From subsection (c)(4) because this subsection is inapplicable to the extent that an exemption is being claimed for subsection (d). (3) From subsection (d) because access to the records contained in this system may interfere with or impede an ongoing investigation as it may be related to allegations against an agent or witness who is currently being investigated. Further, other records that are derivative of the subject's employing agency files may be accessed through the employing agency's files. (4) From subsection (e)(1) because it may not be possible to determine in advance if potential impeachment records collected and maintained in order to sufficiently meet the Department's Giglio requirements and obligations are all relevant and necessary. In order to ensure that the Department's prosecutors and investigative agencies receive sufficient information to meet their obligations under Giglio, it is appropriate to maintain potential impeachment information in accordance with Department policy as such records could later be relevant and necessary in a different case in which the same witness or affiant subsequently testifies. (5) From subsection (e)(2) because collecting information directly from the subject individual could serve notice that the individual is the subject of investigation and because of the nature of the records in this system, which are used to impeach or demonstrate bias of a w… | ||||
| 28:28:1.0.1.1.17.5.4.41 | 28 | Judicial Administration | I | 16 | PART 16—PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION | E | Subpart E—Exemption of Records Systems Under the Privacy Act | § 16.137 Exemption of the Department of Justice Insider Threat Program Records—limited access. | DOJ | [82 FR 43176, Sept. 14, 2017] | (a) The Department of Justice Insider Threat Program Records (JUSTICE/DOJ-018) system of records is exempted from subsections 5 U.S.C. 552a(c)(3) and (4); (d)(1), (2), (3) and (4); (e)(1), (2) and (3); (e)(4)(G), (H) and (I); (e)(5) and (8); (f) and (g) of the Privacy Act. These exemptions apply only to the extent that information in this system is subject to exemption pursuant to 5 U.S.C. 552a(j) or (k). Where DOJ determines compliance would not appear to interfere with or adversely affect the purpose of this system to detect, deter, and/or mitigate insider threats, the applicable exemption may be waived by the DOJ in its sole discretion. (b) Exemptions from the particular subsections are justified for the following reasons: (1) From subsection (c)(3), the requirement that an accounting be made available to the named subject of a record, because this system is exempt from the access provisions of subsection (d). Also, because making available to a record subject the accounting of disclosures of records concerning him/her would specifically reveal any insider threat-related interest in the individual by the DOJ or agencies that are recipients of the disclosures. Revealing this information could compromise ongoing, authorized law enforcement and intelligence efforts, particularly efforts to identify and/or mitigate insider threats. Revealing this information could also permit the record subject to obtain valuable insight concerning the information obtained during any investigation and to take measures to impede the investigation, e.g., destroy evidence or flee the area to avoid the investigation. (2) From subsection (c)(4) notification requirements because this system is exempt from the access and amendment provisions of subsection (d) as well as the accounting of disclosures provision of subsection (c)(3). The DOJ takes seriously its obligation to maintain accurate records despite its assertion of this exemption, and to the extent it, in its sole discretion, agrees to permit amendment or correction of DOJ reco… | ||||
| 28:28:1.0.1.1.17.5.4.42 | 28 | Judicial Administration | I | 16 | PART 16—PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION | E | Subpart E—Exemption of Records Systems Under the Privacy Act | § 16.138 Exemption of the Department of Justice Information Technology, Information System, and Network Activity and Access Records, JUSTICE/DOJ-002. | DOJ | [CPCLO Order No. 010-2021, 86 FR 61689, Nov. 8, 2021] | (a) The Department of Justice Information Technology, Information System, and Network Activity and Access Records (JUSTICE/DOJ-002) system of records is exempted from subsections (c)(3); (d)(1), (2), (3) and (4); (e)(1), (e)(4)(G), (H), and (I); and (f) of the Privacy Act of 1974, as amended. The exemptions in this paragraph (a) apply only to the extent that information in this system is subject to exemption pursuant to 5 U.S.C. 552a(k)(1) or (k)(2). The applicable exemption may be waived by the DOJ in its sole discretion where DOJ determines compliance with the exempted provisions of the Act would not interfere with or adversely affect the purpose of this system of records to ensure that the Department can track information system access and implement information security protections commensurate with the risk and magnitude of harm that could result from the unauthorized access, use, disclosure, disruption, modification, or destruction of DOJ information and DOJ information systems. (b) Exemptions from the particular subsections listed in paragraph (a) of this section are justified for the following reasons: (1) From subsection (c)(3), the requirement that an accounting be made available to the named subject of a record, because this system of records is exempt from the access provisions of subsection (d). Also, because making available to a record subject the accounting of disclosures of records concerning the subject would specifically reveal investigative interests in the records by the DOJ or other entities that are recipients of the disclosures. Revealing this information could compromise sensitive information classified in the interest of national security, or interfere with the overall law enforcement process by revealing a pending sensitive cybersecurity investigation. Revealing this information could also permit the record subject to obtain valuable insight concerning the information obtained during any investigation and to take measures to impede the investigation, e.g., destroy evidence or alter t… | ||||
| 28:28:1.0.1.1.17.5.4.43 | 28 | Judicial Administration | I | 16 | PART 16—PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION | E | Subpart E—Exemption of Records Systems Under the Privacy Act | § 16.139 Exemption of the Department of Justice Data Protection Review Court Records System, JUSTICE/OPCL-001. | DOJ | [88 FR 60585, Sept. 5, 2023] | (a) The Department of Justice Data Protection Review Court system of records JUSTICE/OPCL-001 is exempted from subsections 5 U.S.C. 552a(c)(3) and (4); (d)(1), (2), (3) and (4); (e)(1), (2) and (3); (e)(4)(G), (H) and (I); (e)(5) and (8); (f) and (g) of the Privacy Act. These exemptions apply only to the extent that information in this system is subject to exemption pursuant to 5 U.S.C. 552a(j) or (k). Where DOJ determines that compliance would not appear to interfere with or adversely affect the purpose of this system to address certain violations of United States law in the conduct of United States signals intelligence activities, and not interfere with national security or law enforcement operations, the applicable exemption may be waived by the DOJ in its sole discretion. (b) Exemptions from these particular subsections are justified for the following reasons: (1) From the subsection (c)(3) (accounting of disclosures) requirement that an accounting be made available to the named subject of a record, because this system is exempt from the access provisions of subsection (d). Where the individual is the subject of intelligence activities, to provide that individual with the disclosure accounting records would hinder authorized United States intelligence activities by informing that individual of the existence, nature, or scope of information that is properly classified pursuant to Executive Order 12958, as amended, and thereby cause damage to the national security. Revealing this information would also be contrary to Executive Order 14086 and could compromise ongoing, authorized law enforcement and intelligence efforts, particularly efforts to identify and/or mitigate national security threats. (2) From subsection (c)(4) (notice of amendment to record recipients) notification requirements because this system is exempt from the access and amendment provisions of subsection (d) as well as the provision for making the accounting of disclosures available to an individual in subsection (c)(3). The DOJ takes serio… | ||||
| 28:28:1.0.1.1.17.5.4.5 | 28 | Judicial Administration | I | 16 | PART 16—PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION | E | Subpart E—Exemption of Records Systems Under the Privacy Act | § 16.74 Exemption of National Security Division Systems—limited access. | DOJ | [Order No. 023-2007, 72 FR 44382, Aug. 8, 2007] | (a) The following system of records is exempted from subsections (c)(3) and (4); (d); (e)(1), (2), (3), (4)(G),(H) and (I), (5) and (8); (f); (g); and (h) of the Privacy Act pursuant to 5 U.S.C. 552a(j)(2), (k)(1), (2) and (5): Foreign Intelligence and Counterintelligence Records System (JUSTICE/NSD-001). These exemptions apply only to the extent that information in the system is subject to exemption pursuant to 5 U.S.C. 552a(j)(2), (k)(1), (2), and (5). (b) Exemptions from the particular subsections are justified for the following reasons: (1) Subsection (c)(3). To provide the target of a surveillance or collection activity with the disclosure accounting records concerning him or her would hinder authorized United States intelligence activities by informing that individual of the existence, nature, or scope of information that is properly classified pursuant to Executive Order 12958, as amended, and thereby cause damage to the national security. (2) Subsection (c)(4). This subsection is inapplicable to the extent that an exemption is being claimed for subsection (d). (3) Subsection (d)(1). Disclosure of foreign intelligence and counterintelligence information would interfere with collection activities, reveal the identity of confidential sources, and cause damage to the national security of the United States. To ensure unhampered and effective collection and analysis of foreign intelligence and counterintelligence information, disclosure must be precluded. (4) Subsection (d)(2). Amendment of the records would interfere with ongoing intelligence activities thereby causing damage to the national security. (5) Subsections (d)(3) and (4). These subsections are inapplicable to the extent exemption is claimed from (d)(1) and (2). (6) Subsection (e)(1). It is often impossible to determine in advance if intelligence records contained in this system are relevant and necessary, but, in the interests of national security, it is necessary to retain this information to aid in establishing patterns of activ… | ||||
| 28:28:1.0.1.1.17.5.4.6 | 28 | Judicial Administration | I | 16 | PART 16—PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION | E | Subpart E—Exemption of Records Systems Under the Privacy Act | § 16.75 Exemption of the Office of the Inspector General Systems/Limited Access. | DOJ | [Order No. 63-92, 57 FR 8263, Mar. 9, 1992, as amended by Order No. 64-92, 57 FR 8263, Mar. 9, 1992; AG Order No. 006-2018, 83 FR 66126, Dec. 26, 2018] | (a) The following system of records is exempted pursuant to the provisions of 5 U.S.C. 552a(j)(2) from subsections (c) (3) and (4), (d), (e)(1), (2), (3), (5), and (8), and (g) of 5 U.S.C. 552a. In addition, the following system of records is exempted pursuant to the provisions of 5 U.S.C. 552a(k)(1) and (k)(2) from subsections (c)(3), (d), and (e)(1) of 5 U.S.C. 552a: (1) Office of the Inspector General Investigative Records (JUSTICE/OIG-001). These exemptions apply only to the extent that information in this system is subject to exemption pursuant to 5 U.S.C. 552a (j)(2), (k)(1) and (k)(2). Where compliance would not appear to interfere with or adversely affect the law enforcement process, and/or where it may be appropriate to permit individuals to contest the accuracy of the information collected, e.g., public source materials, the applicable exemption may be waived, either partially or totally, by the Office of the Inspector General (OIG). (b) Exemptions from the particular subsections are justified for the following reasons: (1) From subsection (c)(3) because release of disclosure accounting could alert the subject of an investigation of an actual or potential criminal, civil, or regulatory violation to the existence of the investigation and the fact that they are subjects of the investigation, and reveal investigative interest by not only the OIG, but also by the recipient agency. Since release of such information to the subjects of an investigation would provide them with significant information concerning the nature of the investigation, release could result in the destruction of documentary evidence, improper influencing of witnesses, endangerment of the physical safety of confidential sources, witnesses, and law enforcement personnel, the fabrication of testimony, flight of the subject from the area, and other activities that could impede or compromise the investigation. In addition, accounting for each disclosure could result in the release of properly classified information which would compromise … | ||||
| 28:28:1.0.1.1.17.5.4.7 | 28 | Judicial Administration | I | 16 | PART 16—PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION | E | Subpart E—Exemption of Records Systems Under the Privacy Act | § 16.76 Exemption of Justice Management Division. | DOJ | [Order No. 645-76, 41 FR 12640, Mar. 26, 1976, as amended by Order No. 688-77, 42 FR 9999, Feb. 18, 1977; Order No. 899-80, 45 FR 43703, June 30, 1980; Order No. 6-86, 51 FR 15476, Apr. 24, 1986; Order No. 246-2001, 66 FR 54663, Oct. 30, 2001; Order No. 297-2002, 67 FR 70163, Nov. 21, 2002; Order No. 019-2005, 71 FR 17, Jan. 3, 2006; CPCLO Order No. 011-2021, 86 FR 61691, Nov. 8, 2021] | (a) The following system of records is exempt from 5 U.S.C. 552a(d): (1) Controlled Substances Act Nonpublic Records (JUSTICE/JMD-002). This exemption applies only to the extent that information in this system is subject to exemption pursuant to 5 U.S.C. 552a(j)(2). (b) Exemption from subsection (d) is justified for the following reasons: (1) Access to and use of the nonpublic records maintained in this system are restricted by law. Section 3607(b) of Title 18 U.S.C. (enacted as part of the Sentencing Reform Act of 1984, Pub. L. 98-473, Chapter II) provides that the sole purpose of these records shall be for use by the courts in determining whether a person found guilty of violating section 404 of the Controlled Substances Act qualifies: (i) For the disposition available under 18 U.S.C. 3607(a) to persons with no prior conviction under a Federal or State law relating to controlled substances, or (ii) For an order, under 18 U.S.C. 3607(c), expunging all official records (except the nonpublic records to be retained by the Department of Justice) of the arrest and any subsequent criminal proceedings relating to the offense. (2) Information in this system consists of arrest records, including those of co-defendants. The records include reports of informants and investigations. Therefore, access could disclose investigative techniques, reveal the identity of confidential sources, and invade the privacy of third parties. (c) The following system of records is exempted from 5 U.S.C. 552a(c)(3) and (4); (d)(1), (2), (3), and (4); (e)(1), (2), (3), (5), and (8); and (g): Federal Bureau of Investigation Whistleblower Case Files (Justice/JMD-023). These exemptions apply only to the extent that information in a record contained within this system is subject to exemptions pursuant to 5 U.S.C. 552a(j)(2) and (k). (d) Exemption from the particular subsections is justified for the following reasons: (1) Subsection (c)(3). To provide the subject with an accounting of disclosures of records in this system could inform t… | ||||
| 28:28:1.0.1.1.17.5.4.8 | 28 | Judicial Administration | I | 16 | PART 16—PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION | E | Subpart E—Exemption of Records Systems Under the Privacy Act | § 16.77 Exemption of U.S. Trustee Program System—limited access. | DOJ | [Order No. 1-87, 52 FR 3631, Feb. 5, 1987] | (a) The following system of records is exempt from 5 U.S.C. 552a (c) (3) and (4); (d); (e) (1), (2) and (3), (e)(4) (G) and (H), (e) (5) and (8); (f) and (g): (1) U.S. Trustee Program Case Referral System, JUSTICE/UST-004. These exemptions apply to the extent that information in this system is subject to exemption pursuant to 5 U.S.C. 552a(j)(2) and (k)(2). (b) Exemptions from the particular subsections are justified for the following reasons: (1) From subsection (c)(3) because the release of the disclosure accounting would permit the subject of an investigation to obtain valuable information concerning the nature of that investigation. This would permit record subjects to impede the investigation, e.g., destroy evidence, intimidate potential witnesses, or flee the area to avoid inquiries or apprehension by law enforcement personnel. (2) From subsection (c)(4) since an exemption being claimed for subsection (d) makes this subsection inapplicable. (3) From subsection (d) because access to the records contained in this system might compromise ongoing investigations, reveal confidential informants, or constitute unwarranted invasions of the personal privacy of third parties who are involved in a certain investigation. Amendment of the records would interfere with ongoing criminal law enforcement proceedings and impose an impossible administrative burden by requiring criminal investigations to be continuously reinvestigated. (4) From subsections (e)(1) and (e)(5) because in the course of law enforcement investigations, information may occasionally be obtained or introduced the accuracy of which is unclear or which is not strictly relevant or necessary to a specific investigation. In the interest of effective law enforcement, it is appropriate to retain all information that may aid in establishing patterns of criminal activity. Moreover, it would impede the specific investigative process if it were necessary to assure the relevance, accuracy, timeliness, and completeness of all information obtained. (5) From s… | ||||
| 28:28:1.0.1.1.17.5.4.9 | 28 | Judicial Administration | I | 16 | PART 16—PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION | E | Subpart E—Exemption of Records Systems Under the Privacy Act | § 16.78 Exemption of the Special Counsel for Immigration-Related, Unfair Employment Practices Systems. | DOJ | [Order No. 10-88, 53 FR 7735, Mar. 10, 1988] | (a) The following system of records is exempt from 5 U.S.C. 552a(c)(3) and (d). (1) Central Index File and Associated Records, JUSTICE/OSC-001. These exemptions apply to the extent that information in this system is subject to exemption pursuant to 5 U.S.C. 552a(k)(2). (b) Exemptions from the particular subsections are justified for the following reasons: (1) From subsection (c)(3) because the release of the disclosure accounting would permit the subject of an investigation to obtain valuable information concerning the nature of that investigation. This would permit record subjects to impede the investigation, e.g., destroy evidence, intimidate potential witnesses, or flee the area to avoid inquiries. (2) From subsection (d) because access to the records might compromise ongoing investigations, reveal confidential informants, or constitute unwarranted invasions of the personal privacy of third parties who are involved in a certain investigation. | ||||
| 28:28:1.0.1.1.17.6.4.1 | 28 | Judicial Administration | I | 16 | PART 16—PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION | F | Subpart F—Public Observation of Parole Commission Meetings | § 16.200 Definitions. | DOJ | [42 FR 14713, Mar. 16, 1977, as amended at 43 FR 4978, Feb. 7, 1978] | As used in this part: (a) The term Commission means the U.S. Parole Commission and any subdivision thereof authorized to act on its behalf. (b) The term meeting refers to the deliberations of at least the number of Commissioners required to take action on behalf of the Commission where such deliberations determine or result in the joint conduct or disposition of official Commission business. (c) Specifically included in the term meeting are; (1) Meetings of the Commission required to be held by 18 U.S.C. 4203(a); (2) Special meetings of the Commission called pursuant to 18 U.S.C. 4204(a)(1); (3) Meetings of the National Commissioners in original jurisdiction cases pursuant to 28 CFR 2.17(a); (4) Meetings of the entire Commission to determine original jurisdiction appeal cases pursuant to 28 CFR 2.27; and (5) Meetings of the National Appeals Board pursuant to 28 CFR 2.26. (6) Meetings of the Commission to conduct a hearing on the record in conjunction with applications for certificates of exemption under section 504(a) of the Labor-Management Reporting and Disclosure Act of 1959, and section 411 of the Employee Retirement Income Security Act of 1974 (28 CFR 4.1-17 and 28 CFR 4a.1-17). 1 1 Part 4a was removed at 44 FR 6890, Feb. 2, 1979. (d) Specifically excluded from the term meeting are: (1) Determination made through independent voting of the Commissioners without the joint deliberation of the number of Commissioners required to take such action, pursuant to § 16.201; (2) Original jurisdiction cases determined by sequential vote pursuant to 28 CFR 2.17; (3) Cases determined by sequential vote pursuant to 28 CFR 2.24 and 2.25; (4) National Appeals Board cases determined by sequential vote pursuant to 28 CFR 2.26; (5) Meetings of special committees of Commissioners not constituting a quorum of the Commission, which may be established by the Chairman to report and make recommendations to the Commission or the Chairman on any matter. (6) Determinations required or permitted by these regul… | ||||
| 28:28:1.0.1.1.17.6.4.2 | 28 | Judicial Administration | I | 16 | PART 16—PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION | F | Subpart F—Public Observation of Parole Commission Meetings | § 16.201 Voting by the Commissioners without joint deliberation. | DOJ | (a) Whenever the Commission's Chairman so directs, any matter which (1) does not appear to require joint deliberation among the members of the Commission, or (2) by reason of its urgency, cannot be scheduled for consideration at a Commission meeting, may be disposed of by presentation of the matter separately to each of the members of the Commission. After consideration of the matter each Commission member shall report his vote to the Chairman. (b) Whenever any member of the Commission so requests, any matter presented to the Commissioners for disposition pursuant to paragraph (a) of this section shall be withdrawn and scheduled instead for consideration at a Commission meeting. (c) The provisions of § 16.206(a) of these rules shall apply in the case of any Commission determination made pursuant to this section. | |||||
| 28:28:1.0.1.1.17.6.4.3 | 28 | Judicial Administration | I | 16 | PART 16—PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION | F | Subpart F—Public Observation of Parole Commission Meetings | § 16.202 Open meetings. | DOJ | (a) Every portion of every meeting of the Commission shall be open to public observation unless closed to the public pursuant to the provisions of § 16.203 (Formal Procedure) or § 16.205 (Informal Procedure). (b) The attendance of any member of the public is conditioned upon the orderly demeanor of such person during the conduct of Commission business. The public shall be permitted to observe and to take notes, but unless prior permission is granted by the Commission, shall not be permitted to record or photograph by means of any mechanical or electronic device any portion of meetings which are open to the public. (c) The Commission shall be responsible for arranging a suitable site for each open Commission meeting so that ample seating, visibility, and acoustics are provided to the public and ample security measures are employed for the protection of Commissioners and Staff. The Commission shall be responsible for recording or developing the minutes of Commission meetings. (d) Public notice of open meetings shall be given as prescribed in § 16.204(a), and a record of votes kept pursuant to § 16.206(a). | |||||
| 28:28:1.0.1.1.17.6.4.4 | 28 | Judicial Administration | I | 16 | PART 16—PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION | F | Subpart F—Public Observation of Parole Commission Meetings | § 16.203 Closed meetings—Formal procedure. | DOJ | (a) The Commission, by majority vote, may close to public observation any meeting or portion thereof, and withhold from the public announcement concerning such meeting any information, if public observation or the furnishing of such information is likely to: (1) Disclose matters: (i) Specifically authorized under criteria established by an executive order to be kept secret in the interests of national defense or foreign policy and (ii) In fact properly classified pursuant to such executive order; (2) Relate solely to the internal personnel rules and practices of the Commission or any agency of the Government of the United States; (3) Disclose matters specifically exempted from disclosure by statute (other than 5 U.S.C. 552, or the Federal Rules of Criminal Procedure): Provided, That such statute or rule (i) requires that the matters be withheld in such a manner as to leave no discretion on the issue, or (ii) establishes particular criteria for withholding or refers to particular types of matters to be withheld, including exempted material under the Privacy Act of 1974 or the Commission's Alternate Means of Access under the Privacy Act of 1974, as set forth at 28 CFR 16.85; (4) Disclose a trade secret or commercial or financial information obtained from any person, corporation, business, labor or pension organization, which is privileged or obtained upon a promise of confidentiality, including information concerning the financial condition or funding of labor or pension organizations, or the financial condition of any individual, in conjunction with applications for exemption under 29 U.S.C. 504 and 1111, and information concerning income, assets and liabilities of inmates, and persons on supervision; (5) Involve accusing any person of a crime or formally censuring any person; (6) Disclose information of a personal nature, where disclosure would constitute a clearly unwarranted invasion of personal privacy; (7) Disclose an investigatory record compiled for law enforcement purposes, or information derive… | |||||
| 28:28:1.0.1.1.17.6.4.5 | 28 | Judicial Administration | I | 16 | PART 16—PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION | F | Subpart F—Public Observation of Parole Commission Meetings | § 16.204 Public notice. | DOJ | [42 FR 14713, Mar. 16, 1977, as amended by Order No. 960-81, 46 FR 52357, Oct. 27, 1981] | (a) Requirements. Every open meeting and meeting closed pursuant to § 16.203 shall be preceded by a public announcement posted before the main entrance to the Chairman's Office at the Commission's headquarters, 5550 Friendship Boulevard, Chevy Chase, Maryland 20815-7286, and, in the case of a meeting held elsewhere, in a prominent place at the location in which the meeting will be held. Such announcement shall be transmitted to the Federal Register for publication and, in addition, may be issued through the Department of Justice, Office of Public Affairs, as a press release, or by such other means as the Commission shall deem reasonable and appropriate. The announcement shall furnish: (1) A brief description of the subject matter to be discussed; (2) The date, place, and approximate time of the meeting; (3) Whether the meeting will be open or closed to public observation; and (4) The name and telephone number of the official designated to respond to requests for information concerning the meeting. See § 16.205(d) for the notice requirement applicable to meetings closed pursuant to that section. (b) Time of notice. The announcement required by this section shall be released to the public at least one week prior to the meeting announced therein except where a majority of the members of the Commission determines by a recorded vote that Commission business requires earlier consideration. In the event of such a determination, the announcement shall be made at the earliest practicable time. (c) Amendments to notice. The time or place of a meeting may be changed following the announcement only if the Commission publicly announces such change at the earliest practicable time. The subject matter of a meeting, or determination of the Commission to open or close a meeting, or portion of a meeting, to the public may be changed following the announcement only if: (1) A majority of the entire membership of the Commission determines by a recorded vote that Commission business so requires and that no earlier annou… | ||||
| 28:28:1.0.1.1.17.6.4.6 | 28 | Judicial Administration | I | 16 | PART 16—PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION | F | Subpart F—Public Observation of Parole Commission Meetings | § 16.205 Closed meetings—Informal procedures. | DOJ | (a) Finding. Based upon a review of the meetings of the U.S. Parole Commission since the effective date of the Parole Commission and Reorganization Act (May 14, 1976), the regulations issued pursuant thereto (28 CFR part 2) the experience of the U.S. Board of Parole, and the regulations pertaining to the Commission's authority under 29 U.S.C. 504 and 29 U.S.C. 1111 (28 CFR parts 4 and 4a), the Commission finds that the majority of its meetings may properly be closed to the public pursuant to 5 U.S.C. 552 (d)(4) and (c)(10). The major part of normal Commission business lies in the adjudication of individual parole cases, all of which proceedings commence with an initial parole or revocation hearing and are determined on the record thereof. Original jurisdiction cases are decided at bi-monthly meetings of the National Commissioners (28 CFR 2.17) and by the entire Commission in conjunction with each business meeting of the Commission (held at least quarterly) (28 CFR 2.27). The National Appeals Board normally decides cases by sequential vote on a daily basis, but may meet from time to time for joint deliberations. In the period from October, 1975 through September, 1976, the National Appeals Board made 2,072 Appellate decisions. Finally, over the last two years the Commission determined eleven cases under the Labor and Pension Acts, which are proceedings pursuant to 5 U.S.C. 554. The only meetings of the Commission not of an adjudicative nature involving the most sensitive inquiry into the personal background and behavior of the individual concerned, or involving sensitive financial information concerning the parties before the Commission, are the normal business meetings of the Commission, which are held at least quarterly. (b) Meetings to which applicable. The following types of meetings may be closed in the event that a majority of the Commissioners present at the meeting, and authorized to act on behalf of the Commission, votes by recorded vote at the beginning of each meeting or portion thereof, to clos… | |||||
| 28:28:1.0.1.1.17.6.4.7 | 28 | Judicial Administration | I | 16 | PART 16—PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION | F | Subpart F—Public Observation of Parole Commission Meetings | § 16.206 Transcripts, minutes, and miscellaneous documents concerning Commission meetings. | DOJ | (a) In the case of any Commission meeting, whether open or closed, the Commission shall maintain and make available for public inspection a record of the final vote of each member on rules, statements of policy, and interpretations adopted by it: 18 U.S.C. 4203(d). (b) The Commission shall maintain a complete transcript or electronic recording adequate to record fully the proceedings of each meeting, or portion of a meeting, closed to the public pursuant to § 16.203. In the case of a meeting, or portion of a meeting, closed to the public pursuant to § 16.205 of these regulations, the Commission may maintain either the transcript or recording described above, or a set of minutes unless a recording is required by title 18 U.S.C. 4208(f). The minutes required by this section shall fully and clearly describe all matters discussed and shall provide a full and accurate summary of any actions taken, and the reasons therefor, including a description of each of the views expressed on any item and the record of any rollcall vote (reflecting the vote of each Commissioner on the question). All documents considered in connection with any action shall be identified in such minutes. (c) The Commission shall retain a copy of every certification executed by the General Counsel's Office pursuant to these regulations, together with a statement from the presiding officer of the meeting, or portion of a meeting to which the certification applies, setting forth the time and place of the meeting, and the persons present. (d) Nothing herein shall affect any other provision in Commission procedures or regulations requiring the preparation and maintenance of a record of all official actions of the Commission. | |||||
| 28:28:1.0.1.1.17.6.4.8 | 28 | Judicial Administration | I | 16 | PART 16—PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION | F | Subpart F—Public Observation of Parole Commission Meetings | § 16.207 Public access to nonexempt transcripts and minutes of closed Commission meetings—Documents used at meetings—Record retention. | DOJ | [42 FR 14713, Mar. 16, 1977, as amended by Order No. 960-81, 46 FR 52357, Oct. 27, 1981] | (a) Public access to records. Within a reasonable time after any closed meeting, the Commission shall make available to the public, in the Commission's Public Reading Room located at 5550 Friendship Boulevard, Chevy Chase, Maryland 20815-7286, the transcript, electronic recording, or minutes of the discussion of any item on the agenda, or of any item of the testimony of any witness received at such meeting, maintained hereunder, except for such item or items of such discussion or testimony which contain information exempt under any provision of the Government in the Sunshine Act (Pub. L. 94-409), or of any amendment thereto. Copies of nonexempt transcripts, or minutes, or a transcription of such recording disclosing the identity of each speaker, shall be furnished to any person at the actual cost of duplication or transcription. (b) Access to documents identified or discussed in any Commission meeting, open or closed, shall be governed by Department of Justice regulations at this part 16, subparts C and D. The Commission reserves the right to invoke statutory exemptions to disclosure of such documents under 5 U.S.C. 552 and 552a, and applicable regulations. The exemptions provided in 5 U.S.C. 552b(c) shall apply to any request made pursuant to 5 U.S.C. 552 or 552a to copy and inspect any transcripts, recordings or minutes prepared or maintained pursuant hereto. (c) Retention of records. The Commission shall maintain a complete verbatim copy of the transcript, or a complete copy of the minutes, or a complete electronic recording of each meeting, or portion of a meeting, closed to the public, for a period of at least two years after such meeting, or until one year after the conclusion of any Commission proceeding with respect to which the meeting or portion thereof was held, whichever occurs later. | ||||
| 28:28:1.0.1.1.17.6.4.9 | 28 | Judicial Administration | I | 16 | PART 16—PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION | F | Subpart F—Public Observation of Parole Commission Meetings | § 16.208 Annual report. | DOJ | The Commission shall report annually to Congress regarding its compliance with Sunshine Act requirements, including a tabulation of the total number of meetings open to the public, the total number of meetings closed to the public, the reasons for closing such meetings, and a description of any litigation brought against the Commission under this section, including any costs assessed against the Commission in such litigation and whether or not paid. | |||||
| 28:28:1.0.1.1.17.7.4.1 | 28 | Judicial Administration | I | 16 | PART 16—PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION | G | Subpart G—Access to Documents by Former Employees of the Department | § 16.300 Access to documents for the purpose of responding to an official inquiry. | DOJ | (a) To the extent permitted by law, former employees of the Department shall be given access to documents that they originated, reviewed, or signed while employees of the Department, for the purpose of responding to an official inquiry by a federal, state, or local government entity or professional licensing authority. Documents include memoranda, drafts, reports, notes, written communications, and documents stored electronically that are in the possession of the Department. Access ordinarily will be provided on government premises. (b) Requests for access to documents under this section must be submitted in writing to the head of the component where the employee worked when originating, reviewing, or signing the documents. If the employee requesting access was the Attorney General, Deputy Attorney General, or Associate Attorney General, the request may be granted by the Assistant Attorney General for Administration. This authority may not be delegated below the level of principal deputy component head. (c) The written request should describe with specificity the documents to which access is sought (including time periods wherever possible), the reason for which access is sought (including the timing of the official inquiry involved), and any intended disclosure of any of the information contained in the documents. (d) The requester must agree in writing to safeguard the information from unauthorized disclosure and not to further disclose the information, by any means of communication, or to make copies, without the permission of the Department. Determinations regarding any further disclosure of information or removal of copies shall be made in accordance with applicable standards and procedures. | |||||
| 28:28:1.0.1.1.17.7.4.2 | 28 | Judicial Administration | I | 16 | PART 16—PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION | G | Subpart G—Access to Documents by Former Employees of the Department | § 16.301 Limitations. | DOJ | (a) The Department may deny or limit access under this subpart where providing the requested access would be unduly burdensome. (b) Access under this subpart to classified information is governed by Executive Order 12958 and 28 CFR 17.46. Requests for access to classified information must be submitted to (or will be referred to) the Department Security Officer and may be granted by the Department Security Officer in consultation with the appropriate component head. (c) Nothing in this subpart shall be construed to supplant the operation of other applicable prohibitions against disclosure. (d) This subpart is not intended to, does not, and may not be relied upon to, create any right or benefit, substantive or procedural, enforcecable at law by a party against the United States. |
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title_number INTEGER,
title_name TEXT,
chapter TEXT,
subchapter TEXT,
part_number TEXT,
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subpart TEXT,
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agency TEXT,
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source_citation TEXT,
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CREATE INDEX idx_cfr_agency ON cfr_sections(agency);