32 C.F.R. § 310.50 Use and establishment of exemptions.
Title 32 - National Defense
(a) Types of exemptions. (1) There are two types of exemptions permitted by the Privacy Act. (i) General exemptions that authorize the exemption of a system of records from all but certain specifically identified provisions of the Act. (ii) Specific exemptions that allow a system of records to be exempted only from certain designated provisions of the Act. (2) Nothing in the Act permits exemption of any system of records from all provisions of the Act (see appendix D). (b) Establishing exemptions. (1) Neither general nor specific exemptions are established automatically for any system of records. The head of the DoD Component maintaining the system of records must make a determination whether the system is one for which an exemption properly may be claimed and then propose and establish an exemption rule for the system. No system of records within the Department of Defense shall be considered exempted until the head of the Component has approved the exemption and an exemption rule has been published as a final rule in the (2) Only the head of the DoD Component or an authorized designee may claim an exemption for a system of records. (3) A system of records is considered exempt only from those provisions of the Privacy Act (5 U.S.C. 552a) which are identified specifically in the Component exemption rule for the system and which are authorized by the Privacy Act. (4) To establish an exemption rule, see §310.61 of subpart G. (c) Blanket exemption for classified material. (1) Include in the Component rules a blanket exemption under 5 U.S.C. 552a(k)(1) of the Privacy Act from the access provisions (5 U.S.C. 552a(d)) and the notification of access procedures (5 U.S.C. 522a(e)(4)(H)) of the Act for all classified material in any system of records maintained. (2) Do not claim specifically an exemption under section 552a(k)(1) of the Privacy Act for any system of records. The blanket exemption affords protection to all classified material in all systems of records maintained. (d) Provisions from which exemptions may be claimed. (1) The head of a DoD Component may claim an exemption from any provision of the Act from which an exemption is allowed (see appendix D). (2) Notify the Defense Privacy Office ODASD(A) before claiming an exemption for any system of records from the following: (i) The exemption rule publication requirement (5 U.S.C. 552a(j)) of the Privacy Act. (ii) The requirement to report new systems of records (5 U.S.C. 552a(o)); or (iii) The annual report requirement (5 U.S.C. 552a(p)). (e) Use of exemptions. (1) Use exemptions only for the specific purposes set forth in the exemption rules (see paragraph (b) of §310.61, subpart G). (2) Use exemptions only when they are in the best interest of the government and limit them to the specific portions of the records requiring protection. (3) Do not use an exemption to deny an individual access to any record to which he or she would have access under the Freedom of Information Act (5 U.S.C. 552). (f) Exempt records in nonexempt systems. (1) Exempt records temporarily in the hands of another Component are considered the property of the originating Component and access to these records is controlled by the system notices and rules of the originating Component. (2) Records that are actually incorporated into a system of records may be exempted only to the extent the system of records into which they are incorporated has been granted an exemption, regardless of their original status or the system of records for which they were created. (3) If a record is accidentally misfiled into a system of records, the system notice and rules for the system in which it should actually be filed will govern. [51 FR 2364, Jan. 16, 1986. Redesignated at 56 FR 55631, Oct. 29, 1991, as amended at 56 FR 57800, Nov. 14, 1991]
Title 32: National Defense
PART 310—DoD PRIVACY PROGRAM
Subpart F—Exemptions
§ 310.50 Use and establishment of exemptions.
