12 C.F.R. Subpart D—Exempt Records
Title 12 - Banks and Banking
(a) Information compiled for civil action. Nothing in this regulation shall allow an individual access to any information compiled in reasonable anticipation of a civil action or proceeding. (b) Law enforcement information. Pursuant to section (k)(2) of the Privacy Act of 1974 (5 U.S.C. 552a(k)(2)), the Board has deemed it necessary to exempt certain designated systems of records maintained by the Board from the requirements of the Privacy Act concerning access to accountings of disclosures and to records, maintenance of only relevant and necessary information in files, and certain publication provisions, respectively, 5 U.S.C. 552a (c)(3), (d), (e)(1), (e)(4)(G), (H) and (I), and (f), and §§261a.5, 261a.7 and 261a.8 of this part. Accordingly, the following designated systems of records are exempt from these provisions, but only to the extent that they contain investigatory materials compiled for law enforcement purposes: (1) BGFRS–1 Recruiting and Placement Records. (2) BGFRS–2 Personnel Background Investigation Reports. (3) BGFRS–4 General Personnel Records. (4) BGFRS–5 EEO Discrimination Complaint File. (5) BGFRS–9 Consultant and Staff Associate File. (6) BGFRS–18 Consumer Complaint Information System. (7) BGFRS–21 Supervisory Tracking and Reference System. (8) BGFRS/OIG–1 OIG Investigatory Records. (9) BGFRS–31 Protective Information System. (10) BGFRS—32 Visitor Log. (c) Confidential references. Pursuant to section (k)(5) of the Privacy Act of 1974 (5 U.S.C. 552a(k)(5)), the Board has deemed it necessary to exempt certain designated systems of records maintained by the Board from the requirements of the Privacy Act concerning access to accountings of disclosures and to records, maintenance of only relevant and necessary information in files, and certain publication provisions, respectively 5 U.S.C. 552a(c)b(3), (d), (e)(1), (e)(4)(G), (H) and (I), and (f), and §§261a.5, 261a.7 and 261a.8 of this part. Accordingly, the following systems of records are exempt from these provisions, but only to the extent that they contain investigatory material compiled to determine an individual's suitability, eligibility, and qualifications for Board employment or access to classified information, and the disclosure of such material would reveal the identity of a source who furnished information to the Board under a promise of confidentiality. (1) BGFRS–1 Recruiting and Placement Records. (2) BGFRS–2 Personnel Background Investigation Reports. (3) BGFRS–4 General Personnel Records. (4) BGFRS–9 Consultant and Staff Associate File. (5) BGFRS–10 General File on Board Members. (6) BGFRS–11 Official General Files. (7) BGFRS–13 General File of Examiners and Assistant Examiners at Federal Reserve Banks. (8) BGFRS–14 General File of Federal Reserve Bank and Branch Directors. (9) BGFRS–15 General Files of Federal Reserve Agents, Alternates and Representatives at Federal Reserve Banks. (10) BGFRS/OIG–2 OIG Personnel Records. (11) BGFRS–25 Multi-rater Feedback Records. (d) Criminal law enforcement information. Pursuant to 5 U.S.C. 552a(j)(2), the Board has determined that portions of the OIG Investigatory Records (BGFRS/OIG–1) shall be exempt from any part of the Privacy Act (5 U.S.C. 552a), except the provisions regarding disclosure, the requirement to keep an accounting, certain publication requirements, certain requirements regarding the proper maintenance of systems of records, and the criminal penalties for violation of the Privacy Act, respectively, 5 U.S.C. 552a (b), (c)(1), and (2), (e)(4) (A) through (F), (e)(6), (e)(7), (e)(9), (e)(10), (e)(11) and (i). This designated system of records is maintained by the OIG, a Board component that performs as its principal function an activity pertaining to the enforcement of criminal laws. The exempt portions of the records consist of: (1) Information compiled for the purpose of identifying individual criminal offenders and alleged offenders; (2) Information compiled for the purpose of a criminal investigation, including reports of informants and investigators, and associated with an identifiable individual; or (3) Reports identifiable to an individual compiled at any stage of the process of enforcement of the criminal laws from arrest or indictment through release from supervision. [60 FR 3341, Jan. 17, 1995, as amended at 65 FR 34392, May 30, 2000; 66 FR 19718, Apr. 17, 2001; 66 FR 20863, Apr. 25, 2001; 67 FR 44526, July 3, 2002]
Title 12: Banks and Banking
PART 261a—RULES REGARDING ACCESS TO PERSONAL INFORMATION UNDER THE PRIVACY ACT OF 1974
Subpart D—Exempt Records
§ 261a.13 Exemptions.
