22 C.F.R. § 171.36 Exemptions.
Title 22 - Foreign Relations
Systems of records maintained by the Department are authorized to be exempted from certain provisions of the Privacy Act under both general and specific exemptions set forth in the Act. In utilizing these exemptions, the Department is exempting only those portions of systems that are necessary for the proper functioning of the Department and that are consistent with the Privacy Act. Where compliance would not appear to interfere with or adversely affect the law enforcement process, and/or where it may be appropriate to permit individuals to contest the accuracy of the information collected, e.g., public source materials, the applicable exemption may be waived, either partially or totally, by the Department or the OIG, in the sole discretion of the Department or the OIG, as appropriate. (a) General exemptions. (1) Individuals may not have access to records maintained by the Department that were provided by another agency that has determined by regulation that such information is subject to general exemption under 5 U.S.C. 552a(j)(1). If such exempt records are the subject of an access request, the Department will advise the requester of their existence and of the name and address of the source agency, unless that information is itself exempt from disclosure. (2) The systems of records maintained by the Bureau of Diplomatic Security (STATE–36), the Office of the Inspector General (STATE–53), and the Information Access Program Records system (STATE–35) are subject to general exemption under 5 U.S.C. 552a(j)(2). All records contained in record system STATE–36, Security Records, are exempt from all provisions of the Privacy Act except sections (b), (c)(1) and (2), (e)(4)(A) through (F), (e)(6), (7), (9), (10), and (11), and (i) to the extent to which they meet the criteria of section (j)(2). These exemptions are necessary to ensure the effectiveness of the investigative, judicial, and protective processes. All records contained in STATE–53, records of the Inspector General and Automated Individual Cross-Reference System, are exempt from all of the provisions of the Privacy Act except sections (b), (c)(1) and (2), (e)(4)(A) through (F), (e)(6), (7), (9), (10), and (11), and (i) to the extent to which they meet the criteria of section (j)(2). These exemptions are necessary to ensure the proper functions of the law enforcement activity, to protect confidential sources of information, to fulfill promises of confidentiality, to prevent interference with the enforcement of criminal laws, to avoid the disclosure of investigative techniques, to avoid the endangering of the life and safety of any individual, to avoid premature disclosure of the knowledge of potential criminal activity and the evidentiary bases of possible enforcement actions, and to maintain the integrity of the law enforcement process. All records contained in the Information Access Program Records system (STATE–35) are exempt from all of the provisions of the Privacy Act except sections (b), (c)(1) and (2), (e)(4)(A) through (F), (e)(6), (7), (9), (10), and (11), and (i) to the extent to which they meet the criteria of section (j)(2). These exemptions are necessary to ensure the protection of law enforcement information retrieved from various sources in response to information access requests. (b) Specific exemptions. Portions of the following systems of records are exempted from 5 U.S.C. 552a (c)(3), (d), (e)(1), and (4), (G), (H), and (I), and (f). The names of the systems correspond to those published in the (1) Exempt under 5 U.S.C. 552a(k)(1). The reason for invoking this exemption is to protect material required to be kept secret in the interest of national defense and foreign policy. Board of Appellate Review Records. STATE–02. Congressional Correspondence. STATE–43. Congressional Travel Records. STATE–44. Coordinator for the Combating of Terrorism Records. STATE–06. External Research Records. STATE–10. Extradition Records. STATE–11. Foreign Assistance Inspection Records. STATE–48. Human Resources Records. STATE–31. Information Access Programs Records. STATE–35. Intelligence and Research Records. STATE–15. International Organizations Records. STATE–17. Law of the Sea Records. STATE–19. Legal Case Management Records. STATE–21. Munitions Control Records. STATE–42. Overseas Citizens Services Records. STATE–05. Overseas Records. STATE–25. Passport Records. STATE–26. Personality Cross-Reference Index to the Secretariat Automated Data Index Records. STATE–28. Personality Index to the Central Foreign Policy Records. STATE–29. Personnel Payroll Records. STATE–30. Records of the Inspector General and Automated Individual Cross-Reference System. STATE–53. Records of the Office of the Assistant Legal Adviser for International Claims and Investment Disputes. STATE–54. Rover Records. STATE–41. Records of Domestic Accounts Receivable. STATE–23. Records of the Office of White House Liaison. STATE–34. Board of Appellate Review Records. STATE–02. Refugee Records. STATE–59. Refugee Data Center Processing Records. STATE–60. Security Records. STATE–36. Visa Records. STATE–39. (2) Exempt under 5 U.S.C. 552(a)(k)(2). The reasons for invoking this exemption are to prevent individuals that are the subject of investigation from frustrating the investigatory process, to ensure the proper functioning and integrity of law enforcement activities, to prevent disclosure of investigative techniques, to maintain the confidence of foreign governments in the integrity of the procedures under which privileged or confidential information may be provided, and to fulfill commitments made to sources to protect their identities and the confidentiality of information and to avoid endangering these sources and law enforcement personnel. Board of Appellate Review Records. STATE–02. Coordinator for the Combating of Terrorism Records. STATE–06. Extradition Records. STATE–11. Foreign Assistance Inspection Records. STATE–48. Garnishment of Wages Records. STATE–61. Information Access Program Records. STATE–35. Intelligence and Research Records. STATE–15. Munitions Control Records. STATE–42. Overseas Citizens Services Records. STATE–05. Overseas Records. STATE–25. Passport Records. STATE–26. Personality Cross Reference Index to the Secretariat Automated Data Index. STATE–28. Personality Index to the Central Foreign Policy Records. STATE-29. Records of the Inspector General and Automated Individual Cross-Reference System. STATE–53. Security Records. STATE–36. Visa Records. STATE–39. (3) Exempt under 5 U.S.C. 552(a)(k)(3). The reason for invoking this exemption is to preclude impairment of the Department's effective performance in carrying out its lawful protective responsibilities under 18 U.S.C. 3056 and 22 U.S.C. 4802. Extradition Records. STATE–11. Information Access Programs Records. STATE–35. Intelligence and Research Records. STATE–15. Overseas Citizens Services Records. STATE–05. Overseas Records. STATE–25. Passport Records. STATE–26. Personality Cross-Reference Index to the Secretariat Automated Data Index. STATE–28. Personality Index to the Central Foreign Policy Records. STATE–29. Security Records. STATE–36. Visa Records. STATE–39. (4) Exempt under 5 U.S.C. 552a(k)(4). The reason for invoking this exemption is to avoid needless review of records that are used solely for statistical purposes and from which no individual determinations are made. Foreign Service Institute Records. STATE–14. Human Resources Records. STATE–31. Information Access Programs Records. STATE–35. Personnel Payroll Records. STATE–30. Security Records. STATE–36. (5) Exempt under 5 U.S.C. 552a(k)(5). The reasons for invoking this exemption are to ensure the proper functioning of the investigatory process, to ensure effective determination of suitability, eligibility, and qualification for employment and to protect the confidentiality of sources of information. Equal Employment Opportunity Records. STATE–09. Foreign Assistance Inspection Records. STATE–48. Foreign Service Grievance Board Records. STATE–13. Human Resources Records. STATE–31. Information Access Programs Records. STATE–35. Legal Adviser Attorney Employment Application Records. STATE–20. Overseas Records. STATE–25. Personality Cross-Reference Index to the Secretariat Automated Data Index Records. STATE–28. Records of the Inspector General and Automated Individual Cross-Reference System. STATE–53. Records of the Office of White House Liaison. STATE–34. Rover Records. STATE–41. Security Records. STATE–36. Senior Personnel Appointments Records. STATE–47. (6) Exempt under 5 U.S.C. 552(k)(6). The reasons for invoking this exemption are to prevent the compromise of testing or evaluation material used solely to determine individual qualifications for employment or promotion and to avoid giving unfair advantage to individuals by virtue of their having access to such material. Foreign Service Institute Records. STATE–14. Human Resources Records. STATE–31. Information Access Programs Records. STATE–35. Security Records. STATE–36. (7) Exempt under 5 U.S.C. 552a(k)(7). The reason for invoking this exemption is to prevent access to material maintained from time to time by the Department in connection with various military personnel exchange programs. Overseas Records. STATE–25. Human Resources Records. STATE–31. Information Access Programs Records. STATE–35. Personality Cross-Reference Index to the Secretariat Automated Data Index Records. STATE–28. Personality Index to the Central Foreign Policy Records. STATE–29.
Title 22: Foreign Relations
PART 171—AVAILABILITY OF INFORMATION AND RECORDS TO THE PUBLIC
Subpart D—Privacy Act Provisions
§ 171.36 Exemptions.
