28 CFR 16.78 – Exemption of the Special Counsel for Immigration-Related, Unfair Employment Practices Systems
(a) The following system of records is exempt from 5 U.S.C. § 552a(c)(3) and (d).
Terms Used In 28 CFR 16.78
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
(1) Central Index File and Associated Records, JUSTICE/OSC-001.
(b) Exemptions from the particular subsections are justified for the following reasons:
(1) From subsection (c)(3) because the release of the disclosure accounting would permit the subject of an investigation to obtain valuable information concerning the nature of that investigation. This would permit record subjects to impede the investigation, e.g., destroy evidence, intimidate potential witnesses, or flee the area to avoid inquiries.
(2) From subsection (d) because access to the records might compromise ongoing investigations, reveal confidential informants, or constitute unwarranted invasions of the personal privacy of third parties who are involved in a certain investigation.