Privacy Act: [ARRB-1]...

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Director for good cause) after the appeal letter has been received in 
the Review Board's offices.
  (b) The appeal determination, if adverse to the requester in any 
respect, will:
  (1) Explain the basis for denying amendment of the specified records;
  (2) Inform the requester that he or she may file a concise statement 
setting forth reasons for disagreeing with the Executive Director's 
determination; and
  (3) Inform the requester of his or her right to pursue a judicial 
remedy under 5 U.S.C. 552a(g)(1)(A).


   Sec. 1415.45  Disclosure of records to third parties.

  Records subject to the Privacy Act that are requested by a person 
other than the individual to whom they pertain will not be made 
available except in the following circumstances:
  (a) Release is required under the Freedom of Information Act in 
accordance with the Review Board's FOIA regulations, 36 CFR part 1410;
  (b) Pursuant to a written request by, or with the prior written 
consent of, the individual to whom the record pertains; or
  (c) Release is authorized by 5 U.S.C. 552a(b)(1) or (3) through (11).


   Sec. 1415.50  Fees.

  A fee will not be charged for search or review of requested records, 
or for amendment of records. When a request is made for copies of 
records, a copying fee will be charged at the same rate established for 
FOIA requests. See 36 CFR 1410.35. However, the first 100 pages will be 
free of charge.


   Sec. 1415.55  Exemptions.

  (a) The systems of records entitled ``Personal Security Files'' and 
``Subject File'' contain some information specifically authorized under 
criteria established by an Executive Order to be kept secret in the 
interest of national defense or foreign policy and which is properly 
classified pursuant to such Executive Order. Therefore, to the extent 
that information in these systems falls within the coverage of exemption 
(k)(1) of the Privacy Act, 5 U.S.C. 552a(k)(1), these systems of records 
are eligible for exemption from the requirements of the following 
subsections of the Privacy Act: subsections (c)(3), (d), (e)(1), 
(e)(4)(G), (H) and (I) and (f). Disclosure of information properly 
classified pursuant to an Executive Order would jeopardize the national 
defense or foreign policy of the United States.
  (b) The systems of records entitled ``Agency Contacts,'' 
``Investigations,'' ``Public Contacts,'' and ``Subject File'' consist, 
in part, of investigatory material compiled by the Review Board for law 
enforcement purposes other than material within the scope of subsection 
(j)(2) of 5 U.S.C. 552a. Provided however, that if any individual is 
denied any right, privilege or benefit that he would otherwise be 
entitled by Federal law, or for which he would otherwise be eligible, as 
a result of the maintenance of such material, such material shall be 
provided to such individual, except to the extent that the disclosure of 
such material would reveal the identity of a source who furnished 
information to the Government under an express promise that the identity 
of the source would be held in confidence, or prior to January 1, 1975, 
under an implied promise that the identity of the source would be held 
in confidence. Therefore, to the extent that information in these 
systems falls within the coverage of exemption (k)(2) of the Privacy 
Act, 5 U.S.C. 552a(k)(2), these systems of records are eligible for 
exemption from the requirements of the following subsections of the 
Privacy Act, for the reasons stated below.
  (1) From subsection (c)(3) because release of the agency's accounting 
of certain disclosures to an individual who is the subject of an 
investigation could reveal the nature and scope of the investigation and 
could result in the altering or destruction of evidence, improper 
influencing of witnesses, and other evasive actions that could impede or 
compromise the investigation.
  (2) From subsection (d) because release of investigative records to an 
individual who is the subject of an investigation could interfere with 
pending or prospective law enforcement proceedings, constitute an 
unwarranted invasion of the personal privacy of third parties, reveal 
the identity of confidential sources, or reveal sensitive investigative 
techniques and procedures.
  (3) From subsections (d)(2), (3), and (4) because amendment or 
correction of investigative records could interfere with pending or 
prospective law enforcement proceedings, or could impose an impossible 
administrative and investigative burden by requiring the Review Board 
continuously to retrograde its investigations attempting to resolve 
questions of accuracy, relevance, timeliness, and completeness.
  (4) From subsection (e)(1), because it is often impossible to 
determine relevance or necessity of information in the early stages of 
an investigation. The value of such information is a question of 
judgment and timing; what appears relevant and necessary when collected 
may ultimately be evaluated and viewed as irrelevant and unnecessary to 
an investigation.
  (5) From subsection (e)(4)(G) and (H), because the Review Board is 
claiming an exemption for subsections (d) (Access to Records) and (f) 
(Agency Rules) of the Act, these subsections are inapplicable to the 
extent that these systems of records are exempted from subsections (d) 
and (f).
  (6) From subsection (f) because procedures for notice to an individual 
pursuant to subsection (f)(1) as to the existence of records pertaining 
to the person dealing with an actual or potential investigation must be 
exempted because such notice to an individual would be detrimental to 
the successful conduct of a pending or future investigation. In 
addition, mere notice of an investigation could inform the subject or 
others that their activities either are, or may become, the subject of 
an investigation and might enable the subjects to avoid detection or to 
destroy assassination records. Since the Review Board is claiming an 
exemption for subsection (d) of the Act (Access to Records) the rules 
require pursuant to subsection (f)(2) through (5) are inapplicable to 
these systems of records to the extent that these systems of records are 
exempted from subsection (d).
  (c) The systems of records entitled ``Employment Applications'' and 
``Personal Security Files'' consist in part of investigatory material 
compiled by the Review Board for the purpose of determining suitability, 
eligibility, or qualifications for Federal civilian employment or 
Federal contracts, the release of which would reveal the identity of a 
source who furnished information to the Government under an express 
promise that the identity of the source would be held in confidence. 
Therefore, to the extent that information in these systems falls within 
the coverage of Exemption (k)(5) of the Privacy Act, 5 U.S.C. 
552a(k)(5), these systems of records are eligible for exemption from the 
requirements of subsection (d)(1), because release would reveal the 
identity of a source who furnished information to the Government under 
an express promise of confidentiality. Revealing the identity of a 
confidential source could impede future cooperation by sources, and 
could result in harassment or harm to such sources.

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