Code of Federal Regulations - Title 5: Administrative Personnel (December 2005)
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TITLE 5 - ADMINISTRATIVE PERSONNEL
CHAPTER VIII - OFFICE OF SPECIAL COUNSELSUBCHAPTER C - JOINT REGULATIONS WITH THE OFFICE OF PERSONNEL MANAGEMENTPART 1830 - PRIVACY1830.5 - Exemptions.The Office of Special Counsel will claim exemptions from the provisions of the Privacy Act at subsections (c)(3) and (d) as permitted by subsection (k) for records subject to the Act that fall within the category of investigatory material described in paragraphs (2) and (5) and testing or examination material described in paragraph (6) of that subsection. The exemptions for investigatory material are necessary to prevent frustration of inquiries into allegations of prohibited personnel practices or political activity and to protect identities of confidential sources of information. The exemption for testing or examination material is necessary to prevent the disclosure of information which would potentially give an individual an unfair competitive advantage or diminish the utility of established examination procedures. The Office of Special Counsel also reserves the right to assert exemptions for records received from another agency that could be properly claimed by that agency in responding to a request and the Office of Special Counsel may refuse access to information compiled in reasonable anticipation of a civil action or proceeding.