The following systems of records
are eligible for exemption under 5 U.S.C. 552a(k)(5) because they contain 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 that the disclosure of such
material would reveal the identity of a source who furnished information to the Government
under an express promise that the identity of the source would be held in confidence,
or, prior to January 1, 1975 , under an implied promise that the identity of the source
would be held in confidence. Accordingly, these systems of records are exempt from (c)(3),
(d)(1), (d)(2), (d)(3), (d)(4), (e)(1), (e)(4)(G), (e)(4)(I) and (f) of 5 U.S.C. 552a.
Investigation Records), a system of records maintained by the Office of the Assistant
Secretary for Administration and Management (OASAM).
DOL/OIG-1 (General Investigative
Files, and Subject Title Index, USDOL/OIG), a system of records maintained by the Office of the
Inspector General (OIG).
DOL/OIG-2 (Freedom of Information/Privacy
Acts Records), a system of records maintained by the OIG.
DOL/OIG-3 (Case Development Records), a
system of records maintained by the OIG.
DOL/OIG-5 (Investigative Case Tracking
Systems/Audit Information Reporting Systems, USDOL/OIG), a system of records maintained by the OIG.
This exemption applies to the extent that
information in these systems is subject to exemption pursuant to 5 U.S.C. 552a(k)(5).
The systems of records listed under paragraphs
(a)(1) through (a)(5) of this section are exempted for the reasons set forth in paragraphs (c)(1) through
(6) of this section, from the following subsections of 5 U.S.C. 552a:
Subsection (c)(3). The release of the disclosure
accounting, for disclosures made pursuant to subsection (b) of the Act, including those permitted under the
routine uses published for this system of records, would enable the subject of an investigation of an actual or
potential civil case to determine whether he or she is the subject of investigation, to obtain valuable
information concerning the nature of that investigation and the information obtained, and to determine the
identity of witnesses or informants. Such access to investigative information would, accordingly, present a
serious impediment to the investigation. In addition, disclosure of the accounting would constitute notice to
the individual of the existence of a record even though such notice requirement under subsection (f)(1) is specifically
exempted for this system of records.
Subsections (d)(1), (d)(2), (d)(3), and (d)(4). Access to the
records contained in these systems would inform the subject of an actual or potential investigation of the existence of that
investigation, of the nature and scope of the information and evidence obtained as to his or her activities, and of the
identity of witnesses or informants. Such access would, accordingly, provide information that could enable the subject to
avoid detection. This result, therefore, would constitute a serious impediment to effective investigation not only because it
would prevent the successful completion of the investigation but also because it could endanger the physical safety of
witnesses or informants, lead to the improper influencing of witnesses, the destruction of evidence, or the fabrication of
Subsection (e)(1). The notices for these systems of records
published in the Federal Register set forth the basic statutory or related authority for maintenance of this system. However,
in the course of civil and related investigations, cases and matters, the agency will occasionally obtain information
concerning actual or potential violations of law that are not strictly or technically within its statutory or other authority
or may compile information in the course of an investigation which may not be relevant to a specific case. In the interests of
effective investigation, it is necessary to retain some or all of such information in these systems of records since it can aid
in establishing patterns of compliance and can provide valuable leads for Federal and other law enforcement agencies. Moreover, it
is difficult to know during the course of an investigation what is relevant and necessary. In this connection, facts or evidence
may not seem relevant at first, but later in the investigation, their relevance is borne out.
Subsections (e)(4)(G) and (H). Since an exemption is being
claimed for subsections (f) (Agency Rules) and (d) (Access to Records) of the Act, these subsections are inapplicable to the extent
that these systems of records are exempted from subsections (f) and (d).
Subsection (e)(4)(I). The categories of sources of the records
in these systems have been published in the Federal Register in broad generic terms in the belief that this is all that subsection (e)(4)(I)
of the Act requires. In the event, however, that this subsection should be interpreted to require more detail as to the identity of sources of
the records in this system, exemption from this provision is necessary in order to protect the confidentiality of the sources of investigatory
information. Such exemption is further necessary to protect the privacy and physical safety of witnesses and informants.
Subsection (f). Procedures for notice to an individual pursuant
to subsection (f)(1) as to existence of records pertaining to the individual dealing with an actual or potential investigation must be
exempted because such notice to an individual would be detrimental to the successful conduct and/or completion of an investigation or case,
pending or future. In addition, mere notice of the fact of an investigation could inform the subject or others that their activities
are under or may become the subject of an investigation and could enable the subjects to avoid detection, to influence witnesses improperly,
to destroy evidence, or to fabricate testimony. Since an exemption is being claimed for subsection (d) of the Act (Access to Records), the
rules required pursuant to subsections (f)(2) through (5) are inapplicable to these systems of records to the extent that these systems of
records are exempted from subsection (d).
[63 FR 56748, Oct. 22, 1998]