Administrative Law - CFR - 28 CFR 16.100: Exemption of Office of Justice Programs-limited access.


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28 CFR 16.100: Exemption of Office of Justice Programs--limited access.

(a) The following system of records is exempt from 5 U.S.C. 552a(d):

 

            (1) The Civil Rights Investigative System (JUSTICE/OJP-008).

             This exemption applies only to the extent that information in this system is subject to exemption pursuant to 5 U.S.C. 552a(k)(2).

(b) Exemption from subsection (d) is claimed since access to information in the Civil Rights Investigative System prior to final administrative resolution will deter conciliation and compliance efforts. Consistent with the legislative purpose of the Privacy Act of 1974, decisions to release information from the system will be made on a case-by-case basis and information will be made available where it does not compromise the complaint and compliance process. In addition, where explicit promises of confidentiality must be made to a source during an investigation, disclosure will be limited to the extent that the identity of such confidential sources will not be compromised.

Official Citation:
[Order No. 645-76, 41 FR 12640, Mar. 26, 1976, as amended by Order No. 5-78, 43 FR 36439, Aug. 17, 1978; Order No. 43-80, 45 FR 6780, Jan. 30, 1980; Order No. 6-86, 51 FR 15479, Apr. 24, 1986; Order NO. 6-236-2001, 66 FR 35374, July 5, 2001]