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[2001 Privacy Act]
[From the U.S. Government Printing Office via GPO Access]




Sec. 505.5

Exemptions.

     (a) Exempting systems of records. The Secretary of the Army may 
   exempt Army systems of records from certain requirements of the 
   Privacy Act. There are two kinds of exemptions: General and specific. 
   The general exemption relieves systems of records from most 
   requirements of the Act; the specific exemptions from only a few. See 
   appendix C to this part.
     (b) General exemptions. Only Army activities actually engaged in 
   the enforcement of criminal laws as their primary function may claim 
   the general exemption. To qualify for this exemption, a system must 
   consist of:
     (1) Information compiled to identify individual criminals and 
   alleged criminals, which consists only of identifying data and arrest 
   records; type and disposition of charges; sentencing, confinement, 
   and release records; and parole and probation status;
     (2) Information compiled for the purpose of criminal investigation 
   including efforts to prevent, reduce, or control crime and reports of 
   informants and investigators associated with an identifiable 
   individual; or
     (3) Reports identifiable to an individual, compile at any stage of 
   the process of enforcement of the criminal laws, from arrest or 
   indictment through release from supervision.
     (c) Specific exemptions. The Secretary of the Army has exempted all 
   properly classified information and a few systems of records that 
   have the following kinds of information, from certain parts of the 
   Privacy Act. The Privacy Act exemption cite appears in parentheses 
   after each category.
     (1) Classified information in every Army system of records. This 
   exemption is not limited to the systems listed in Sec.  505.5(d). 
   Before denying as individual access to classified information, the 
   Access and Amendment Refusal Authority must make sure that it was 
   properly classified under the standards of Executive Orders 11652, 
   12065, or 12958 and that it must remain so in the interest of 
   national defense of foreign policy. (5 U.S.C. 552a(k)(1)).
     (2) Investigatory data for law enforcement purposes (other than 
   that claimed under the general exemption). However, if this 
   information has been used to deny someone a right, privilege or 
   benefit to which the individual is entitled by Federal law, it must 
   be released, unless doing so would reveal the identity of a 
   confidential source. (5 U.S.C. 552a(k)(2)).
     (3) Records maintained in connection with providing protective 
   services to the President of the United States or other individuals 
   protected pursuant to Title 18 U.S.C., section 3056. (5 U.S.C. 
   552a(k)(3)).
     (4) Statistical data required by statute and used only for 
   statistical purposes and not to make decisions on the rights, 
   benefits, or entitlements of individuals, except for census records 
   which may be disclosed under Title 13 U.S.C., section 8. (5 U.S.C. 
   552a(k)(4)).
     (5) Data compiled to determine suitability, eligibility, or 
   qualifications for Federal service, Federal contracts, or access to 
   classified information. This information may be withheld only to the 
   extent that disclosure would reveal the identify of a confidential 
   source. (5 U.S.C. 552a(k)(5)).
     (6) Testing material used to determine if a person is qualified for 
   appointment or promotion in the Federal service. This information may 
   be withheld only if disclosure would compromise the objectivity or 
   fairness of the examination process. (5 U.S.C. 552a(k)(6)).
     (7) Information to determine promotion potential in the Armed 
   Forces. Information may be withheld, but only to the extent that 
   disclosure would reveal the identity of a confidential source. (5 
   U.S.C. 552a(k)(7)).
     (d) Procedures. When a system manager seeks an exemption for a 
   system of records, the following information will be furnished to the 
   Director of Information Systems for Command, Control, Communications 
   and Computers, Washington, DC 20310-0107; applicable system notice, 
   exemptions sought, and justification. After appropriate staffing and 
   approval by the Secretary of the Army, a proposed rule will be 
   published in the Federal Register, followed, by a final rule 60 days 
   later. No exemption may be invoked until these steps have been 
   completed.
     (e) Exempt Army records. The following records may be exempt from 
   certain parts of the Privacy Act:
     (1) System identifier: A0020-1a SAIG
     (i) System name: Inspector General Investigative Files.
     (ii) Exemptions: (A) Investigatory material compiled for law 
   enforcement purposes may be exempt pursuant to 5 U.S.C. 552a(k)(2). 
   However, if an individual is denied any right, privilege, or benefit 
   for which he would otherwise be entitled by Federal law or for which 
   he would otherwise be eligible, as a result of the maintenance of 
   such information, the individual will be provided access to such 
   information except to the extent that disclosure would reveal the 
   identity of a confidential source.
     (B) Investigatory material compiled solely for the purpose of 
   determining suitability, eligibility, or qualifications for federal 
   civilian employment, military service, federal contracts, or access 
   to classified information may be exempt pursuant to 5 U.S.C. 
   552a(k)(5), but only to the extent that such material would reveal 
   the identity of a confidential source. Therefore, portions of the 
   system of records may be exempt pursuant to 5 U.S.C. 552a(c)(3), (d), 
   (e)(4)(G) and (H), and (f).
     (iii) Authority: 5 U.S.C. 552a(k)(2) and (k)(5).
     (iv) Reason: (A) From subsection (c)(3) because the release of the 
   disclosure accounting, for disclosures pursuant to the routine uses 
   published for this system, would permit the subject of a criminal 
   investigation or matter under investigation to obtain valuable 
   information concerning the nature of that investigation which will 
   present a serious impediment to law enforcement.
     (B) From subsection (d) because access to the records contained in 
   this system would inform the subject of a criminal investigation of 
   the existence of that investigation, provide the subject of the 
   investigation with information that might enable him to avoid 
   detection or apprehension, and would present a serious impediment to 
   law enforcement.
     (C) From subsections (e)(4)(G) and (H) because this system of 
   records is exempt from individual access pursuant to subsection 
   (k)(2) of the Privacy Act of 1974.
     (D) From subsection (f) because this system of records has been 
   exempted from the access provisions of subsection (d).
     (E) Consistent with the legislative purpose of the Privacy Act of 
   1974, the Department of the Army will grant access to nonexempt 
   material in the records being maintained. Disclosure will be governed 
   by the Department of the Army's Privacy Regulation, but will be 
   limited to the extent that the identity of confidential sources will 
   not be compromised; subjects of an investigation of an actual or 
   potential criminal violation will not be alerted to the 
   investigation; the physical safety of witnesses, informants and law 
   enforcement personnel will not be endangered, the privacy of third 
   parties will not be violated; and that the disclosure would not 
   otherwise impede effective law enforcement. Whenever possible, 
   information of this nature will be deleted from the requested 
   documents and the balance made available. The controlling principle 
   behind this limited access is to allow disclosures except those 
   indicated in this paragraph. The decisions to release information 
   from these systems will be made on a case-by-case basis.

     (2) A0020-1bSAIG.
     (i) System name: Inspector General Action Request/Assistance Files.
     (ii) Exemption: All portions of this system of records which fall 
   within the scope of 5 U.S.C. 552a(k)(2) or (k)(5) may be exempt from 
   the provisions of 5 U.S.C. 552a(c)(3), (d), (e)(4)(G), (e)(4)(H), and 
   (f).
     (iii) Authority: 5 U.S.C. 552a(k)(2) and (k)(5).
     (iv) Reasons: Selected portions and/or records in this system are 
   compiled for the purposes of enforcing civil, criminal, or military 
   law, including Executive Orders or regulations validly adopted 
   pursuant to law. Granting individuals access to information collected 
   and maintained in these files could interfere with enforcement 
   proceedings; deprive a person of a right to fair trail or an 
   impartial ajudication or be prejudicial to the conduct of 
   administrative action affecting rights, benefits, or privileges of 
   individuals; constitute an unwarranted invasion of personnel privacy; 
   disclose the identity of a confidential source; disclose nonroutine 
   investigative techniques and procedures, or endanger the life or 
   physical safety of law enforcement personnel; violate statutes which 
   authorize or require certain information, to be withheld from the 
   public such as: Trade or financial information, technical data, 
   National Security Agency information, or information relating to 
   inventions. Exemption from access necessarily includes exemption from 
   the other requirements.

     (3)A0025-55SAIS.
     (i) System name: Request for Information Files.
     (ii) Exemption: (A) All portions of this system of records which 
   fall within the scope of 5 U.S.C. 552a(j)(2) may be exempt from the 
   provisions of 5 U.S.C. 552a(c)(3), (c)(4), (d), (e)(1), (e)(2), 
   (e)(3), (e)(4)(G), (e)(4)(H), (e)(5), (e)(8), (f) and (g).
     (B) All portions of the system maintained by offices of Initial 
   Denying Authorities which do not have a law enforcement mission and 
   which fall within the scope of 5 U.S.C. 552a(k)(1) through (k)(7) may 
   be exempt from the provisions of 5 U.S.C. 552a(c)(3), (d), (e)(1), 
   (e)(4)(G), (e)(4)(H), and (f).
     (iii) Authority: 5 U.S.C. 552a(j)(2), and (k)(1) through (k)(7).
     (iv) Reasons: This system of records is maintained solely for the 
   purpose of administering the Freedom of Information Act and 
   processing routine requests for information. To insure an accurate 
   and complete file on each case, it is sometimes necessary to include 
   copies of records which have been the subject of a Freedom of 
   Information Act request. This situation applies principally to cases 
   in which an individual has been denied access and/or amendment of 
   personal records under an exemption authorized by 5 U.S.C. 552. The 
   same justification for the original denial would apply to denial of 
   access to copies maintained in the Freedom of Information Act file. 
   It should be emphasized that the majority of records in this system 
   are available on request to the individual and that all records are 
   used solely to process requests. This file is not used to make any 
   other determinations on the rights, benefits or privileges of 
   individuals.

     (4)A0027-1DAJA.
     (i) System name: General Legal Files.
     (ii) Exemption: All portions of this system of records which fall 
   within the scope of 5 U.S.C. 552a(k)(1), (k)(2), (k)(5), (k)(6), and 
   (k)(7) may be exempt from the provisions of 5 U.S.C. 552a(c)(3), (d), 
   (e)(1), and (f).
     (iii) Authority: 5 U.S.C. 552a(k)(1), (k)(2), (k)(5), (k)(6), and 
   (k)(7).
     (iv) Reasons: Various records from other exempted systems of 
   records are sometimes submitted for legal review or other action. A 
   copy of such records may be permanently incorporated into the General 
   Legal Files system of records as evidence of the facts upon which a 
   legal opinion or review was based. Exemption of the General Legal 
   Files system of records is necessary in order to ensure that such 
   records continue to receive the same protection afforded them by 
   exemptions granted to the systems of records in which they were 
   originally filed.

     (5) System identifier: A0027-10a DAJA
     (i) System name: Prosecutorial Files.
     (ii) Exemptions: Parts of this system may be exempt pursuant to 5 
   U.S.C. 552a(j)(2) if the information is compiled and maintained by a 
   component of the agency which performs as its principle function any 
   activity pertaining to the enforcement of criminal laws. Therefore, 
   portions of the system of records may be exempt pursuant to 5 U.S.C. 
   552a(c)(3), (c)(4), (d), (e)(1), (e)(2), (e) (3), (e)(4)(G), (H) and 
   (I), (e)(5), (e)(8), (f), and (g).
     (iii) Authority: 5 U.S.C. 552a(j)(2).
     (iv) Reason: (A) From subsection (c)(3) because the release of the 
   disclosure accounting, for disclosures pursuant to the routine uses 
   published for this system, would permit the subject of a criminal 
   investigation or matter under investigation to obtain valuable 
   information concerning the nature of that investigation which will 
   present a serious impediment to law enforcement.
     (B) From subsection (c)(4) because an exemption is being claimed 
   for subsection (d), this subsection will not be applicable.
     (C) From subsection (d) because access to the records contained in 
   this system would inform the subject of a criminal investigation of 
   the existence of that investigation, provide the subject of the 
   investigation with information that might enable him to avoid 
   detection or apprehension, and would present a serious impediment to 
   law enforcement.
     (D) From subsection (e)(1) because in the course of criminal 
   investigations information is often obtained concerning the violation 
   of laws or civil obligations of others not relating to an active case 
   or matter. In the interests of effective law enforcement, it is 
   necessary that this valuable information be retained since it can aid 
   in establishing patterns of activity and provide valuable leads for 
   other agencies and future cases that may be brought.
     (E) From subsection (e)(2) because in a criminal investigation the 
   requirement that information be collected to the greatest extent 
   possible from the subject individual would present a serious 
   impediment to law enforcement in that the subject of the 
   investigation would be placed on notice of the existence of the 
   investigation and would therefore be able to avoid detection.
     (F) From subsection (e)(3) because the requirement that individuals 
   supplying information be provided with a form stating the 
   requirements of subsection (e)(3) would constitute a serious 
   impediment to law enforcement in that it could compromise the 
   existence of a confidential investigation, reveal the identity of 
   confidential sources of information and endanger the life and 
   physical safety of confidential informants.
     (G) From subsections (e)(4)(G) and (H) because this system of 
   records is exempt from individual access pursuant to subsection 
   (j)(2) of the Privacy Act of 1974.
     (H) From subsection (e)(4)(I) because the identity of specific 
   sources must be withheld in order to protect the confidentiality of 
   the sources of criminal and other law enforcement information. This 
   exemption is further necessary to protect the privacy and physical 
   safety of witnesses and informants.
     (I) From subsection (e)(5) because in the collection of information 
   for law enforcement purposes it is impossible to determine in advance 
   what information is accurate, relevant, timely, and complete. With 
   the passage of time, seemingly irrelevant or untimely information may 
   acquire new significance as further investigation brings new details 
   to light and the accuracy of such information can only be determined 
   in a court of law. The restrictions of subsection (e)(5) would 
   restrict the ability of trained investigators and intelligence 
   analysts to exercise their judgment reporting on investigations and 
   impede the development of intelligence necessary for effective law 
   enforcement.
     (J) From subsection (e)(8) because the individual notice 
   requirements of subsection (e)(8) could present a serious impediment 
   to law enforcement as this could interfere with the ability to issue 
   search authorizations and could reveal investigative techniques and 
   procedures.
     (K) From subsection (f) because this system of records has been 
   exempted from the access provisions of subsection (d).
     (L) From subsection (g) because this system of records is compiled 
   for law enforcement purposes and has been exempted from the access 
   provisions of subsections (d) and (f).
     (M) Consistent with the legislative purpose of the Privacy Act of 
   1974, the Department of the Army will grant access to nonexempt 
   material in the records being maintained. Disclosure will be governed 
   by the Department of the Army's Privacy Regulation (this part 505), 
   but will be limited to the extent that the identity of confidential 
   sources will not be compromised; subjects of an investigation of an 
   actual or potential criminal violation will not be alerted to the 
   investigation; the physical safety of witnesses, informants and law 
   enforcement personnel will not be endangered, the privacy of third 
   parties will not be violated; and that the disclosure would not 
   otherwise impede effective law enforcement. Whenever possible, 
   information of this nature will be deleted from the requested 
   documents and the balance made available. The controlling principle 
   behind this limited access is to allow disclosures except those 
   indicated in this paragraph. The decisions to release information 
   from these systems will be made on a case-by-case basis.
     (6) System identifier: A0027-10b DAJA
     (i) System name: Courts-Martial Records and Reviews.
     (ii) Exemptions: Parts of this system may be exempt pursuant to 5 
   U.S.C. 552a(j)(2) if the information is compiled and maintained by a 

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