---

28 C.F.R. § 16.74   Exemption of Office of Intelligence Policy and Review Systems—limited access.

Title 28 - Judicial Administration

Title 28: Judicial Administration
PART 16—PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION
Subpart E—Exemption of Records Systems Under the Privacy Act

Browse Previous |  Browse Next

§ 16.74   Exemption of Office of Intelligence Policy and Review Systems—limited access.

(a) The following systems of records is exempt from 5 U.S.C. 552a (c)(3), (c)(4), (d), (e)(2), (e)(3), (e)(4)(G), (e)(4)(H), (e)(8), (f) and (g);

(1) Policy and Operational Records System (JUSTICE/OIPR-001);

(2) Foreign Intelligence Surveillance Act Records System (JUSTICE/OIPR-002);

(3) Litigation Records System (JUSTICE/OIPR-003); and

(4) Domestic Security/Terrorism Investigations Records System (JUSTICE/OIPR-004).

These exemptions apply only to the extent that information in those systems is subject to exemption pursuant to 5 U.S.C. 552a(j)(2), (k)(1) and (k)(2).

(b) Exemptions from the particular subsections are justified for the following reasons:

(1) From subsection (c)(3) because release of the disclosure accounting would put the target of a surveillance or investigation on notice of the investigation or surveillance and would thereby seriously hinder authorized United States intelligence activities.

(2) From subsections (c)(4), (d), (e)(4)(G), (e)(4)(H), (f) and (g) because these provisions contemplate individual access to records and such access would compromise ongoing surveillances or investigations and reveal the sources and methods of an investigation.

(3) From subsection (e)(2) because, although this office does not conduct investigations, the collection efforts of agencies that supply information to this office would be thwarted if the agency were required to collect information with the subject's knowledge.

(4) From subsections (e)(3) and (e)(8) because disclosure and notice would provide the subject with substantial information which could impede of compromise an investigation. For example, an investigatory subject could, once made aware that an investigation was ongoing, alter his manner of engaging in intelligence or terrorist activities in order to avoid detection.

[Order No. 19–86, 51 FR 39374, Oct. 28, 1986]

Browse Previous |  Browse Next