rights shall be given courteous and considerate assistance.

(d) Ensuring accuracy. The Department of the Navy has an obligation to use only accurate, timely, relevant, and complete information when making decisions about individuals. Every member, official, and employee involved in keeping records on individuals shall assist in the discharge of this obligation.

Subpart G-Privacy Act Exemptions

AUTHORITY: Pub. L. 93-579, 5 U.S.C. 552a. SOURCE: 41 FR 50672, Nov. 17, 1976, unless otherwise noted.

§ 701.120 Purpose.

This subpart contains rules promulgated by the Secretary of the Navy, pursuant to 5 U.S.C. 552a (j) and (k), and 701.111 of this part, to exempt certain systems of Department of the Navy records from specified provisions of 5 U.S.C. 552a.

§ 701.121 Exemption for classified records.

All systems of records maintained by the Department of the Navy and its components shall be exempt from the requirements of 5 U.S.C. 552a(d) pursuant to 5 U.S.C. 552a(K)(1), to the extent that the system contains any information properly classified under Executive Order 12065 and predecessor orders and that is required to be safeguarded in the interest of national defense or foreign policy. This exemption, which may be applicable to parts of all systems of records, is necessary because certain records systems not otherwise specifically designated for exemptions herein may contain isolated items of information that have been properly classified.

(E.O. 12065)

[44 FR 46272, Aug. 7, 1979]

§ 701.122 Exemption for security operations activities.

ID-N00011 J03

Sysname: Security Incident System. Exemption: Portions of this system of records are exempt from the following subsections of 5 U.S.C. 552a; (c)(3), (c)(4), (d), (e)(2), (3), (e)(4) (G) through (I), (e)(5), (e)(8), (f), and (g).

AUTHORITY: 5 U.S.C. 552a(j)(2).

Reasons: Granting individuals access to information collected and maintained by this agency relating to the enforcement of criminal laws could interfere with orderly investigations, with the orderly administration of justice, and possibly enable suspects to avoid detection or apprehension. Disclosure of this information could result in concealment, destruction, or fabrication of evidence, and jeopardize the safety and well being of informants, witnesses and their families, and of law enforcement personnel and their families. Disclosure of this information could also reveal and render ineffectual investigative techniques, sources, and methods used by this component, and could result in the invasion of privacy of individuals only incidentally related to an investigation. The exemption of the individual's right of access to his records, and the reason therefor, necessitate the exemption of this system of records from the requirements of other cited provisions.

§ 701.123 Exemptions for specific Navy record systems.

(a) Office of Civilian Personnel

(1) ID-N96021-02

Sysname: Supervisor's Report of Potential to Perform and Reference Check Records System.

Exemption: Portions of this system of records are exempt from the following subsections of 5 U.S.C. 552a: (c)(3), (d), (e)(4) (g) and (H), and (f).

AUTHORITY: 5 U.S.C. 552a(k) (5).

Reasons: Exempted portions of this system contain information considered relevant and necessary to make a determination as to the qualifications, eligibility, or suitability for Federal employment or access to classified information, and that was obtained by providing express or implied promise to the source that his identity would not be revealed to the subject of the record.

(2) ID-N96021-44A

Sysname: Navy Central Clearance Group (NCCG) Records.

Exemption: Portions of this system of records are exempt from the following subsections of 5 U.S.C. 552a: (c)(3), (d), (e)(4) (G) and (H), and (f).

AUTHORITY: 5 U.S.C. 552a(k) (1) and (5).

Reasons: Exempted portions of this system contain information considered relevant and necessary to make a determination as to qualifications, eligibility, or suitability for Federal employment, or access to classified information, and that was obtained by providing an express or implied promise to the source that his identity would not be revealed to the subject of the record.

(3) ID-N96021-44B.

Sysname: Civilian Personnel Security Files.

Exemption: Portions of this system of records are exempt from the following subsections of 5 U.S.C. 552a: (c)(3), (d), (e)(4) (G) through (I), and (f).

AUTHORITY: 5 U.S.C. 552a(k) (1), (2), and

(5).

Reasons: Exempted portions of this system contain information which has been properly classified under Executive Order 11652, and which is required to be kept secret in the interest of national defense or foreign policy. Exempted portions of this system also contain information considered relevant and necessary to make a determination as to qualifications, eligibility, or suitability for Federal employment or access to classified information, and that was obtained by providing an express or implied promise to the source that his identity would not be revealed to the subject of the record. Granting individuals access to certain information compiled for law enforcement purposes in this system of records could interfere with orderly investigations by disclosing the existence of investigations and investigative techniques, and result in the concealment, destruction, or fabrication of evidence. (b) Bureau of Naval Personnel.

(1) ID-N00022.81.

Sysname: Personnel Security Eligibility Information System.

Exemption: Portions of this system of records are exempt from the following subsections of title 5, United

States Code, section 552a: (c)(3), (d), (e)(4) (G) through (I), and (f).

AUTHORITY: 5 U.S.C. 552a(k), (1), (2), (5), and (7).

Reasons: Granting individuals access to information collected and maintained in this system of records could interfere with orderly investigations; result in the disclosure of classified material; jeopardize the safety of informants, witnesses, and their families; disclose investigative techniques; and result in the invasion of privacy of individuals only incidentally related to an investigation. Material will be screened to permit access to unclassified information that will not disclose the identity of sources who provided information to the Government under an express or implied promise of confidentiality.

(2) ID-N00022.82.

Sysname: Navy Personnel Evaluation System.

Exemption: Portions of this system of records are exempt from the following subsections of 5 U.S.C. 552a: (c)(3), (d), (e)(1), (e)(4) (G) through (I), and (f).

AUTHORITY: 5 U.S.C. 552a(k) (1), (2), (5), and (7).

Reasons: Granting individuals access to information collected and maintained in this system could result in disclosure of classified material, jeopardize the safety of informants and witnesses and their families, and result in the invasion of privacy of individuals only incidentally related to an investigation. Material will be screened to permit access to unclassified material and to information that I will not disclose the sources who proIvided the information under the express or implied promise of confidentiality.

(3) ID-N00022EQOPPINFOSYS. Sysname: Equal Opportunity Information and Support System.

Exemption: Portions of this system of records are exempt from the following subsections of 5 U.S.C. 552a: (c)(3), (d), (e)(4) (G) through (I), and (f).

AUTHORITY: 5 U.S.C. 552a(k) (1) and (5).

Reasons: Granting access to information in this system of records could result in the disclosure of classified material, or reveal the identity of a source who furnished information to the Government under an express or implied promise of confidentiality. Material will be screened to permit access to unclassified material and to information that will not disclose the identity of a confidential source.

(4) ID-N00022OFFPROMSYS. Sysname: Officer Promotion System. Exemption: Portions of this system of records are exempt from the following subsections of 5 U.S.C. 552a: (c)(3), (d), (e)(1), (e)(4) (G) through (I), and (f).

AUTHORITY: 5 U.S.C. 552a(k) (1), (5), (6), and (7).

Reasons: Granting individuals access to this system of records could result in the disclosure of classified material, or the identification of sources who provided information to the Government under an express or implied promise of confidentiality. Material will be screened to permit access to unclassified material and to information that does not disclose the identity of a confidential source.

(5) ID-N00022PERSRECSYS. Sysname: Navy Personnel Records System.

Exemption: Portions of this system of records are exempt from the following provisions of 5 U.S.C. 552a: (c)(3), (d), (e)(1), (e)(4) (G) through (I), and (f).

AUTHORITY: 5 U.S.C. 552a(k) (1) and (5).

Reasons: Granting individuals access to certain portions of the information collected and maintained in this system of records could result in the unauthorized disclosure of classified material. Material will be screened in order to provide access to unclassified information that does not disclose the identity of a source who provided information under an express or implied promise of confidentiality.

(c) Navy Recruiting Command.

(1) ID-N66715.20 SAS

Sysname: Officer Selection and Appointment System.

Exemption: Portions of this system of records are exempt from the following subsections of 5 U.S.C. 552a: (c)(3), (d), (e)(1), (e)(4) (G) through (I), and (f).

AUTHORITY: 5 U.S.C. 552a(k) (1), (5), (6), and (7).

Reasons: Granting individuals access to portions of this system of records could result in the disclosure of classified material, or the identification of sources who provided information to the Government under an express or implied promise of confidentiality. Material will be screened to permit access to unclassified material or to information that does not disclose the identity of a confidential source.

(2) ID-N66715.3RESS.

Sysname: Recruiting Enlisted Selection System.

Exemption: Portions of this system of records are exempt from the following subsections of 5 U.S.C. 552a: (c)(3), (d), (e)(1), (e)(4) (G) through (I), and (f).

AUTHORITY: 5 U.S.C. 552a(k) (1), (5), (6), and (7).

Reasons: Granting individuals access to portions of this system of records could result in the unauthorized disclosure of classified material or the identification of sources who provided information to the Government under an express or implied promise of confidentiality. Material will be screened to permit access to unclassified material or to information that does not disclose the identity of a confidential

source.

(d) Naval Security Group Command

(1) ID-N00069NSGHG12PAC01. Sysname: Naval Security Group Personnel Security/Access Files.

Exemption: Portions of this system of records are exempt from the following subsections of 5 U.S.C. 552a: (c)(3), (d), (e)(1), (e)(4) (G) through (I), and (f).

AUTHORITY: 5 U.S.C. 552a(k) (1) through

(5).

Reasons: Exempted portions of this system contain information that has been properly classified under Executive Order 11652, and that is required

to be kept secret in the interest of national defense or foreign policy.

Exempted portions of this system also contain information considered relevant and necessary to make a determination as to qualification, eligibility, or suitability for access to classified special intelligence information, and that was obtained by providing an express or implied promise to the source that his identity would not be revealed to the subject of the record. (e) Naval Investigative Service.

ID-N63285-01.

Sysname: NIS Investigative Files
System.

Exemption: (1) Portions of this system of records are exempt from the following subsections of 5 U.S.C. 552a: (c)(3), (c)(4), (d), (e)(2) and (3), (e)(4), (G) through (I), (e)(5), (e)(8), (f) and (g).

AUTHORITY: (1) 5 U.S.C. 552a(j)(2).

Reasons: (1) Granting individuals access to information collected and maintained by this component relating to the enforcement of criminal laws could interfere with orderly investigations, with the orderly administration of justice, and possibly enable suspects to avoid detection or apprehension. Disclosure of this information could result in the concealment, destruction, or fabrication of evidence and jeopardize the safety and well being of informants, witnesses and their families, and law enforcement personnel and their families. Disclosure of this information could also reveal and render ineffectual investigative techniques, sources, and methods used by this component, and could result in the invasion of the privacy of individuals only incidentally related to an investigation. The exemption of the individual's right of access to his records, and the reasons therefor, necessitate the exemption of this system of records from the requirements of the other cited provisions.

Exemption: (2) Portions of this system of records are exempt from the following subsections of 5 U.S.C. 552a: (c)(3), (d), (e)(1), (e)(4) (G) through (I), and (f).

Reasons: (2) The release of disclosure accountings would permit the subject of an investigation to obtain valuable information concerning the nature of that investigation, and the information contained, or the identity of witnesses or informants, and would therefore present a serious impediment to law enforcement. In addition, disclosure of the accounting would amount to notice to the individual of the existence of a record. Access to the records contained in this system would inform the subject of the existence of material compiled for law enforcement purposes, the premature release of which could prevent the successful completion of investigation and lead to the improper influencing of witnesses, the destruction of records, or the fabrication of testimony.

Exempt portions of this system also contain information that has been properly classified under Executive Order 12065, and that is required to be kept secret in the interest of national defense or foreign policy.

Exempt portions of this system also contain information considered relevant and necessary to make a determination as to qualifications, eligibility, or suitability for Federal civilian employment, military service, Federal contracts, or access to classified information, and was obtained by providing an express or implied assurance to the source that his identity would not be revealed to the subject of the record. The notice for this system of records published in the FEDERAL REGISTER sets forth the basic statutory or related authority for maintenance of the system. However, in the course of criminal investigations, cases, and matters, the Naval Investigative Service will occasionally obtain information concerning actual or potential violations of law that are not strictly within its statutory or other authority or may compile information in the course of an investigation that may not be relevant to a specific prosecution. In the interest of effective law enforcement, it is necessary to retain such information in this system of records, since it can aid in establishing

patterns of criminal activity and can provide valuable leads for Federal and other law enforcement agencies.

The categories of sources of records in this system have been published in the FEDERAL REGISTER in broad generic terms. The identity of specific sources, however, must be withheld in order to protect the confidentiality of the source of criminal and other law enforcement information. This exemption is further necessary to protect the privacy and physical safety of witnesses and informants.

This system is exempted from procedures for notice to an individual as to the existence of records pertaining to him dealing with an actual or potential civil or regulatory investigation, because such notice to an individual would be detrimental to the successful conduct and/or completion of an investigation, pending or future. 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. This could enable the subjects to avoid detection, to influence witnesses improperly, to destroy records, or to fabricate testimony.

Exempt portions of this system contain screening board reports. Screening board reports set forth the results of oral examination of applicants for a position as a special agent with the Naval Investigative Service. Disclosure of these records would reveal the areas pursued in the course of the examination and thus adversely affect the result of the selection process. Equally important, the records contain the candid views of the members composing the board. Release of the records could affect the willingness of the members to provide candid opinions and thus diminish the effectiveness of a program which is essential to maintaining the high standard of the special Agent Corps, i.e., those records constituting examination material used solely to determine individual qualifications for appointment in the Federal Service.

(f) Naval Intelligence Command.

(1) ID-N00015.L1000

Exemption: Portions of this system of records are exempt from the following subsections of 5 U.S.C. 552a; (c)(3), (d), (e)(4) (G), and (H), and (f).

AUTHORITY: 5 U.S.C. 552(k)(1).

Reasons: Exempted portions of this system contained information that has been properly classified under Executive Order 11652 and that is required to be kept secret in the interest of national defense or foreign policy.

(2) ID-N00015.ON153-1A

Sysname: Status of Downed Naval Aviation Personnel, Southeast Asia Operations.

Exemption: Portions of this system of records are exempt from the following subsections of 5 U.S.C. 552a: (c)(3), (d), (e)(1), (e)(4)(G) through (I), and (f).

AUTHORITY: 5 U.S.C. 552a(k)(1).

Reasons: Exempted portions of this system contain information that has been properly classified under Executive Order 11652, and that is required to be kept secret in the interest of national defense or foreign policy.

(3) ID-N00015.OOK1

Sysname: Special Intelligence Personnel Access File.

Exemption: Portions of this system of records are exempt from the following subsections of 5 U.S.C. 552a: (c)(3), (d), (e)(1), (e)(4)(G) through (I), and (f).

AUTHORITY: 5 U.S.C. 552ȧ(k)(1) and (5).

Reasons: Exempted portions of this system contain information that has been properly classified under Executive Order 11652, and that is required to be kept secret in the interest of national defense or foreign policy. Exempted portions of this system also contain information considered relevant and necessary to make a determination as to qualifications, eligibility, or suitability for access to classified information, and was obtained by providing an express or implied promise to the source that his identity would not be revealed to the subject of the record.

(g) Fleet Aviation Specialized Operational Training Group, Pacific Fleet.