13 C.F.R. § 102.27 What records are partially exempt from the provisions of the Privacy Act?
Title 13 - Business Credit and Assistance
(a) The following systems of records are exempt from certain provisions of the PA: Audit Reports (system of records #SBA 015), Litigation and Claims Files (#SBA 070), Personnel Security Files (#SBA 100), Security and Investigations Files (#SBA 120), Office of Inspector General Referrals (#SBA 125), Investigations Division Management Information System (#SBA 130), and Standards of Conduct Files (#SBA 140). (b) The provisions of the PA from which these systems of records are exempt are subsections (c)(3) (Accounting of Certain Disclosures), (d) (Access to Records), (e)(1), 4G, H, and I (Agency Requirements), and (f) (Agency Rules). (c) The systems of records described in paragraph (a) of this section are exempt from the provisions of the Privacy Act described in paragraph (b) of this section in order to: (1) Prevent the subject of investigations from frustrating the investigatory process; (2) Protect investigatory material compiled for law enforcement purposes; (3) Fulfill commitments made to protect the confidentiality of sources and to maintain access to necessary sources of information; or (4) Prevent interference with law enforcement proceedings. (d) In addition to the foregoing exemptions in paragraphs (a) through (c) of this section, the systems of records described in paragraph (a) of this section numbered SBA 015, 100, 120, 125 and 130 are fully exempt from the Privacy Act to the extent that they contain: (1) Information compiled to identify individual criminal offenders and alleged offenders and consisting only of identifying data and notations of arrests, confinement, release, and parole and probation status; (2) Information, including reports of informants and investigators, associated with an identifiable individual compiled to investigate criminal activity; or (3) Reports compiled at any stage of the process of enforcement of the criminal laws from arrest or indictment through release from supervision associated with an identifiable individual. (e) The systems of records described in paragraph (d) of this section are fully exempt from the PA to the extent described in that paragraph because they are records maintained by the Investigations Division of the Inspector General, which is a component of SBA which performs as its principal function activities pertaining to the enforcement of criminal laws within the meaning of 5 U.S.C. 552a(j)(2). They are exempt in order to: (1) Prevent the subjects of Office of Inspector General (OIG) investigations from using the PA to frustrate the investigative process; (2) Protect the identity of Federal employees who furnish a complaint or information to the OIG, consistent with section 7(b) of the Inspector General Act of 1978, 5 U.S.C. App. I; (3) Protect the confidentiality of other sources of information; (4) Avoid endangering confidential sources and law enforcement personnel; (5) Prevent interference with law enforcement proceedings; (6) Assure access to sources of confidential information, including that contained in Federal, State, and local criminal law enforcement information systems; (7) Prevent the disclosure of investigative techniques; or (8) Prevent the disclosure of classified information.
Title 13: Business Credit and Assistance
PART 102—RECORD DISCLOSURE AND PRIVACY
Subpart B—The Privacy Act
§ 102.27 What records are partially exempt from the provisions of the Privacy Act?
