32 C.F.R. § 310.52 Specific exemptions.
Title 32 - National Defense
(a) Use of the specific exemptions. The specific exemptions permit certain categories of records to be exempted from certain specific provisions of the Privacy Act (see appendix D). To establish a specific exemption, the records must meet the following criteria (parenthetical references are to the appropriate subsection of the Privacy Act (5 U.S.C. 552a(k)): (1) The (k)(1). Information specifically authorized to be classified under the DoD Information Security Program Regulation, 32 CFR part 159. (see also paragraph (c) of this section). (2) The (k)(2). Investigatory information compiled for law-enforcement purposes by nonlaw enforcement activities and which is not within the scope of §310.51(a). If an individual is denied any right, privilege or benefit that he or she is otherwise entitled by federal law or for which he or she would otherwise be eligible as a result of the maintenance of the information, the individual will be provided access to the information except to the extent that disclosure would reveal the identity of a confidential source. This subsection when claimed allows limited protection of investigative reports maintained in a system of records used in personnel or administrative actions. (3) The (k)(3). Records maintained in connection with providing protective services to the President and other individuals under 18 U.S.C. 3506. (4) The (k)(4). Records maintained solely for statistical research or program evaluation purposes and which are not used to make decisions on the rights, benefits, or entitlement of an individual except for census records which may be disclosed under 13 U.S.C. 8. (5) The (k)(5). Investigatory material compiled solely for the purpose of determining suitability, eligibility, or qualifications for federal civilian employment, military service, federal contracts, or access to classified information, but only to the extent such material would reveal the identity of a confidential source. This provision allows protection of confidential sources used in background investigations, employment inquiries, and similar inquiries that are for personnel screening to determine suitability, eligibility, or qualifications. (6) The (k)(6). Testing or examination material used solely to determine individual qualifications for appointment or promotion in the federal or military service, if the disclosure would compromise the objectivity or fairness of the test or examination process. (7) The (k)(7). Evaluation material used to determine potential for promotion in the Military Services, but only to the extent that the disclosure of such material would reveal the identity of a confidential source. (b) Promises of confidentiality. (1) Only the identity of sources that have been given an express promise of confidentiality may be protected from disclosure under paragraphs (a)(2), (5) and (7) of this section. However, the identity of sources who were given implied promises of confidentiality in inquiries conducted before September 27, 1975, may also be protected from disclosure. (2) Ensure that promises of confidentiality are used on a limited basis in day-to-day operations. Establish appropriate procedures and identify fully those categories of individuals who may make such promises. Promises of confidentiality shall be made only when they are essential to obtain the information sought. (c) Access to records for which specific exemptions are claimed. Deny the individual access only to those portions of the records for which the claimed exemption applies. [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
§ 310.52 Specific exemptions.
