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Privacy Act Exemptions

One Special Exemption -- 5 U.S.C. § 552a(d)(5)

    Exemption (d)(5) - Information compiled in reasonable anticipation of a civil action or proceeding.

Two General Exemptions -- 5 U.S.C. § 552a(j)

    Exemption (j)(1) - System of records maintained by the Central Intelligence Agency, or

    Exemption (j)(2) - System of records maintained by an agency or component thereof which performs as its principal function any activity pertaining to the enforcement of criminal laws.

Seven Specific Exemptions -- 5 U.S.C. § 552a(k)

    Exemption (k)(1) - applies to systems of records containing information properly classified in the interest of national defense or foreign policy.

    Exemption (k)(2) - applies to systems of records containing investigatory material compiled for law enforcement purposes other than material covered by the general law enforcement exemption.

    Exemption (k)(3) - applies to systems of records maintained in connection with providing protective services to the President of the United States or other individuals who receive protection from the Secret Service.

    Exemption (k)(4) - applies to systems of records required by statute to be maintained and used solely as statistical records.

    Exemption (k)(5) - applies to systems of records that contain investigatory material compiled solely to determine suitability, eligibility, or qualifications for federal civilian employment, military service, federal contracts, or access to classified information.

    Exemption (k)(6) - applies to systems of records that contain testing or examination material used solely to determine individual qualifications for appointment or promotion in federal service, but only when disclosure would compromise the objectivity or fairness of the testing or examination process. Exemption (k)(7) - applies to systems of records that contain evaluation material used to determine potential for promotion in the armed services.

 

Privacy Act Exemptions | Office of the Assistant Secretary for Civil Rights

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