§ 603.355. Exemptions.
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/us/cfr/t12/s§ 603.355·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Specific. Pursuant to 5 U.S.C. 552a(k)(2), the investigatory material compiled for law enforcement purposes in the following systems of records is exempt from subsections (c)(3), (d), (e)(1), (e)(4) (G), (H), and
(I)and
(f)of 5 U.S.C. 552a and from the provisions of this part: Farm Credit Bank loans—FCA. Production Credit Association loans—FCA. Agricultural Credit Association loans—FCA. Federal Land Credit Association loans—FCA. Agricultural Credit Bank loans—FCA. Office of Inspector General Investigative Files—FCA.
(b)General.
(1)In addition, pursuant to 5 U.S.C. 552a (j)(2), investigatory materials compiled for criminal law enforcement in the system of records described in (b)(2) are exempt from all subsections of 5 U.S.C. 552a, except (b),
(1)and (2), (e)(4)
(A)through (F),
(e)(6), (7), (9), (10), and (11), and (i). Exemptions from the particular subsections are justified for the following reasons:
(i)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 OIG. This would enable record subjects to impede the investigation by, for example, destroying evidence, intimidating potential witnesses, or fleeing the area to avoid inquiries or apprehension by law enforcement personnel.
(ii)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.
(iii)From subsection
(d)because the records contained in this system relate to official Federal investigations. Individual access to those 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.
(iv)From subsections
(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. Moreover, it would impede the specific investigative process if it were necessary to assure the relevance, accuracy, timeliness and completeness of all information obtained.
(v)From subsection (e)(2) because in a law enforcement 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 informed of the existence of the investigation and would therefore be able to avoid detection, apprehension, or legal obligations or duties.
(vi)From subsection (e)(3) because to comply with the requirements of this subsection during the course of an investigation could impede the information gathering process, thus hampering the investigation.
(vii)From subsections (e)(4) (G), and (H), and (I), (e)(8), (f),
(g)and
(h)because this system is exempt from the access provisions of subsection
(d)pursuant to subsection
(j)of the Privacy Act.
(2)Office of Inspector General Investigative Files—FCA. [56 FR 2673, Jan. 24, 1991, as amended at 57 FR 32421, July 22, 1992]
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