Privacy Act exemptions

The purpose of 71.52 is to identify specific systems of records that are exempt under 5 U.S.C. 552a(k)(5) because they contain investigatory material whose disclosure could reveal confidential sources. These exemptions cover investigatory records compiled to determine suitability, eligibility, qualifications for Federal employment, military service, Federal contracts, or access to classified information and limit certain Privacy Act rights to protect investigations and sources (71.52).

The systems named in 71.52(a)(1)–(5) are DOL/OASAM–20 (Personnel Investigation Records), DOL/OIG–1 (General Investigative Files and Subject Title Index), DOL/OIG–2 (Freedom of Information/Privacy Acts Records), DOL/OIG–3 (Case Development Records), and DOL/OIG–5 (Investigative Case Tracking Systems/Audit Information Reporting Systems). Each of these is listed explicitly in 71.52(a)(1), 71.52(a)(2), 71.52(a)(3), 71.52(a)(4), and 71.52(a)(5).

It means the exemptions apply only to the parts of the listed systems that actually contain investigatory material covered by 5 U.S.C. 552a(k)(5); non-investigatory information in the same system is not automatically exempt. In other words, exemptions are limited to the investigatory material described in 71.52(b).

The listed systems are exempted from subsection (c)(3), subsections (d)(1)–(d)(4), subsection (e)(1), subsections (e)(4)(G) and (e)(4)(I), and subsection (f) of 5 U.S.C. 552a as described in 71.52(a) and 71.52(c).

The disclosure accounting is exempted because releasing it could let a subject discover they are under investigation, learn the nature and sources of the investigation, and find informants or witnesses, which would impede the investigation. This rationale is explained in 71.52(c)(1).

Access is exempted because letting a subject see the records could tell them an investigation exists, reveal the nature and scope of evidence, and identify witnesses or informants, enabling the subject to avoid detection and compromise the investigation as stated in 71.52(c)(2).

Subsection (e)(1) is exempted because during investigations agencies may collect information not strictly within their statutory authority or information that seems irrelevant at first but later becomes important; retaining such material aids investigations, and full notice requirements could hinder that process, as explained in 71.52(c)(3).

Because the agency is claiming exemptions for subsection (f) (Agency Rules) and subsection (d) (Access to Records), the requirements in subsections (e)(4)(G) and (H) that depend on those provisions are inapplicable to the extent the systems are exempted, as stated in 71.52(c)(4).

Subsection (e)(4)(I) is exempted because providing more detailed source-identifying information than the broad categories already published could reveal confidential sources, endanger witnesses, and compromise investigations; therefore the systems are exempt to protect source confidentiality as explained in 71.52(c)(5).

Subsection (f) is exempted because notifying individuals that records about them exist in an investigatory system would likely be detrimental to the conduct or completion of investigations—by alerting subjects, risking witness safety, or prompting destruction of evidence—which is explained in 71.52(c)(6).

Yes — the exemption permits withholding notice and disclosure accounting that would reveal an ongoing or potential investigation, so a person may not be informed that they are the subject of an investigation where these exemptions apply, as discussed in 71.52(c)(1) and 71.52(c)(6).

Exempted records may still be disclosed where allowed by law or established routine uses, but the exemption limits disclosure accounting and access to the extent necessary to protect confidential sources and investigations. The scope of the exemption and how it applies to disclosures is described in 71.52(a) and 71.52(b).

No — claiming these specific exemptions makes certain rules and procedures inapplicable only to the extent the systems are exempted; it does not broadly eliminate all agency obligations under the Privacy Act. The interplay between the exemptions and the inapplicability of certain subsections is addressed in 71.52(c)(4).

Yes — the document states that the categories of sources have been published in the Federal Register in broad generic terms, and the exemption covers the systems if additional detail would be required that might compromise source confidentiality, as explained in 71.52(c)(5).

Investigations compiled solely to determine suitability, eligibility, or qualifications for Federal civilian employment, military service, Federal contracts, or access to classified information qualify for this exemption, as described in 71.52(a).

The exempt systems are maintained by the Department of Labor's Office of the Assistant Secretary for Administration and Management (OASAM) for DOL/OASAM–20 and by the Department's Office of Inspector General (OIG) for DOL/OIG–1, DOL/OIG–2, DOL/OIG–3, and DOL/OIG–5 as shown in 71.52(a)(1) through 71.52(a)(5).

Yes — the agency may deny access to records in these systems to the extent the exemptions apply because providing access or notice could reveal the existence, scope, or sources of an investigation and thereby impede it; this is the basis for denial described in 71.52(c)(2) and 71.52(c)(6).