tions and the categories of knowledge or skill pertinent to a particular examination. The following materials are not available to the public: (1) Testing and examination materials used solely to determine individual qualifications; (2) test material, including test plans, item analysis data, criterion instruments, and other material the disclosure of which would compromise the objectivity of the testing process. (b) Each employee entrusted with test material has a positive duty to protect the confidentiality of that material and to assure that it is released only as required to conduct an examination authorized by the Office. (c) The applicant's answers in a written test may be reviewed by the applicant only in the presence of an employee of the Office in an appropriate office. The test booklet is not made available in connection with such review. (d) Information concerning the results of examinations will be released only to the individual concerned, and to those parties explicitly designated by the individual. (e) The names of applicants for civil service positions or eligibles on civil service registers, certificates, employment lists, or other lists of eligibles, or their ratings or relative standings are not information available to the public. Subpart F-Investigations § 294.601 Investigative reports. (a) The disclosure requirements of the Freedom of Information Act do not apply to matters that are specifically authorized under criteria established by an Executive Order to be kept secret in the interest of national defense or foreign policy, and are in fact properly classified pursuant to such Executive Order. (b) Investigatory records compiled for law enforcement purposes are exempt, but only to the extent that the production of such records would (1) interfere with enforcement proceedings, (2) deprive a person of a right to a fair trial or impartial adjudication, (3) constitute an unwarranted invasion of personal privacy, (4) disclose the identity of a confidential source, and in the case of a record compiled by a criminal law enforcement authority in the course of a criminal investigation, or by an agency conducting a lawful national security intelligence investigation, confidential information furnished only by the confidential source, (5) disclose investigative techniques and procedures, or (6) endanger the life and physical safety of law enforcement personnel. (c) All requests for investigative reports of investigations conducted by the Office of Personnel Management will be forwarded to the Deputy Associate Director for Personnel Investigations, Staffing Services, for processing. If the investigative file on the subject of investigation maintained by the Deputy Associate Director for Personnel Investigations contains investigatory information that originated in another agency, the Deputy Associate Director for Personnel Investigations will refer a copy of the subject's request to that agency for its decision concerning release of the investigatory information that originated in that agency. Copies of reports of investigation conducted by the Office of Personnel Management on the subject of investigation will be furnished upon request to the subject of investigation or to his or her representative designated in writing, with the exception of any material that is exempt from disclosure under paragraphs (a) and (b) of this section. (d) The Office or other Government agency will disclose to the parties concerned any report of investigation under its control, or an extract of the report, to the extent the report is involved in a proceeding under Part 771 of this chapter except when the disclosure would violate the proscription against the disclosure of medical information in § 294.401. For the purposes of this paragraph, the parties concerned means the Government employee involved in the proceeding, his or her representative designated in writing, and the representative of the agency involved in the proceeding. (e) The Office in suitability rating actions under Part 731 of this chapter will disclose to an applicant, eligible, or appointee, or a representative designated in writing, such information from reports of investigation as the Office determines is sufficient to enable him or her to respond to an interrogatory or other question without revealing the source of information obtained under an expressed or implied pledge of confidence. The Office will furnish a report of investigation to the Government agency concerned. (f) The Office or other Government agency does not make a report of investigation or information from a report under its control available to the public, to witnesses, or, except as provided in paragraphs (a), (b), (c), and (d) of this section, to the parties concerned in the investigation. Subpart G-Official Personnel Folder § 294.701 Coverage. This subpart applies to the disclosure of information contained in the Official Personnel Folder (or an automated equivalent) established under Subpart B of Part 293 of this chapter. Information disclosed under this subpart may be made available by the Office or a Federal agency having custody of the folder. § 294.702 Availability of information. (a) The following information about most present and former government employees is available to the public: (1) Name; (2) Present and past position titles; (5) Present and past duty stations (which include room numbers, shop designations, or other identifying information regarding buildings or places of employment). (b) Disclosure of this information will not be made where the information requested is a list of present or past position titles, grades, salaries, and/or duty stations of Government employees which as determined by the agency official responsible for custody of that information, is: (1) Selected in such a way as to constitute a clearly unwarranted invasion of personal privacy because the nature of the request calls for a response that would reveal more about the employees on whom information is sought than the five enumerated items; or (2) Would otherwise be protected from mandatory disclosure under an exemption of the Freedom of Information Act. (c) In addition to the information that may be made available under paragraph (a) of this section, the following information may be made available to a prospective employer of a Government employee or former Government employee: (1) Tenure of employment; (2) Civil service status; (3) Length of service in the agency and the Government; and (4) When separated, the date and reason for separation shown on the Notification of Personnel Action, Standard Form 50. (d) In addition to the information to be made available under paragraphs (a) and (b) of this section, the home address of an employee shall be made available to a police or court official on receipt of a proper request stating that an indictment has been returned against the employee or that complaint, information, accusation, or other writ involving nonsupport or a criminal offense has been filed against the employee and the employee's address is needed for service of a summons, warrant, subpena, or other legal process. (e) The General Services Administration, National Archives and Records Service, may make information from the Official Personnel Folder of an employee separated from the service available to a person engaged in research for historical or educational purposes or for similar purposes when the person has written permission from the Office to receive such information. This permission may be requested in writing from: Assistant Director for Agency Compliance and Evaluation, Agency Relations, Office of Personnel Management, 1900 E Street, N.W., Washington, D.C. 20415. Requests for this type of information should include identifying information as described in § 294.106(c)(1) of this part, and verification from a publisher, educational research, or other similarly recognized institution that the information is being sought for historical, educational, or other similar purposes. Except as provided in 60-004 0-80-9 § 294.703(a) of this part, information made available under this paragraph shall be in the form of an abstract of the former employee's service in the Government and, when he has been separated at least five years, an abstract of his educational experience background as reflected in his application for employment with the Government. Information that is derogatory to the former employee shall not be made available under this paragraph. (f) Except as provided in paragraphs (a) through (e) of this section, information required to be included in an Official Personnel Folder by the instructions of the Office is not available to the public. § 294.703 Access to folder. (a) On official request, an Official Personnel Folder may be disclosed to a representative of a Congressional committee or subcommittee, or an official of the legislative or judicial branch, or of the Government of the District of Columbia. However, before disclosure, all material that relates to loyalty or security under Executive Order 9835 or 10450 or any other authority, and all information covered under paragraphs (a) (1) through (3) of this section, shall be removed from the folder. If a specific request for loyalty or security information is made by a Congressional committee or subcommittee, or any source outside the executive branch, the request shall be forwarded to the General Counsel, Office of Personnel Management, 1900 E Street, N.W., Washington, D.C. 20415, for consultation with the Department of Justice pursuant to the President's Memorandum of March 24, 1969. (b) An Official Personnel Folder shall be disclosed to an official of the executive branch who has a need for the information in the performance of his official duties. Subpart H-Appeals § 294.801 Appeals. (a) The Office, upon a request which identifies the individual from whose file the information is sought, shall disclose the following information from an appeal file to a member of the public, except when the disclosure would constitute a clearly unwarranted invasion of personal privacy: (1) Confirmation of the name of the individual from whose file the information is sought and the names of the other parties concerned; (2) The status of the case; (3) The decision on the case; (4) The nature of the action appealed; and (5) With the consent of the parties concerned, other reasonably identified information from the file. (b) The Office will disclose to the parties concerned the information contained in an appeal file in proceedings under Part 511 of this chapter, except when the disclosure would violate the proscription against the disclosure of medical information in § 294.401. For the purpose of this section, "the parties concerned" means the Applicant for Government Employment, Government employee, or former Government employee involved in the proceedings, his representative designated in writing, and the representative of the agency or the Office involved in the proceeding. § 297.101 Purpose and scope. (a) These regulations implement the provisions of Pub. L. 93-579, the Privacy Act of 1974 (5 U.S.C. 552a). The regulations govern the types of systems of personnel records listed below and which are more thoroughly identified in the annual publication of the Office's notices of systems of records. (1) Internal systems of personnel records established and maintained by the Office of Personnel Management (OPM) solely on its own employees and which are under its physical control. (2) Centralized systems of personnel records physically established and maintained by the Office of Personnel Management on most current and former Federal employees and some applicants for Federal employment. (3) Government-wide systems of personnel records that are maintained by agencies on their employees or on applicants for employment for the Office of Personnel Management and which are in the physical custody of agencies. Though such records are in the physical custody of agencies, the Office of Personnel Management has retained authority under the Privacy Act to make reviews of initial agency determinations regarding access to and amendment of records in these systems. (b) For the purposes of this part, the term "agency" applies to any department or independent establishment in the Executive Branch of the Federal Government, including a Government corporation or Government controlled corporation, except those specifically excluded from Office of Personnel Management recordkeeping requirements by statute, Office of Personnel Management regulation, or formal agreement between the Office of Personnel Management and that agency. § 297.102 Definitions. For the purpose of this part, the terms used herein have the same meanings as defined in the Privacy Act, 5 U.S.C. 552a. In addition: "Access" means providing a copy of a record to, or allowing review of the original record by the data subject or the data subject's authorized representative, parent, or legal guardian; "Act" means the Privacy Act of 1974, Pub. L. 93-579, 5 U.S.C. 552a; "Amendment" includes correction, addition, deletion, or destruction of the record or specific portions thereof; "Annual Report" means that report required to be submitted by each Federal agency to the Office of Management and Budget by April 30th of each year identifying its activities under the Privacy Act for the preceding calendar year; "Data subject" means the individual to whom the information pertains and by whose name or other individual identifier the information is retrieved; "Disclosure" means providing personal review of a record, or a copy thereof, to someone other than the data subject, the data subject's authorized representative, parent, or legal guardian; "Notice of system of records" means the notice, published in the FEDERAL REGISTER, of the existence and character of every system of record, hereinafter referred to as system notice; "Office" means the Office of Personnel Management; any "Personnel record" means record concerning an individual which is maintained and used in the personnel management or personnel policymaking process; and "System Manager" means the agency official, designated by the head of the agency, who has the authority to decide Privacy Act matters relative to each system of records maintained by agency. § 297.103 Designations of authority by system manager. The responsible Office or agency system manager having jurisdiction over a system of records may designate in writing an agency employee either at the agency's headquarters or field office to evaluate and issue the agency decision on Privacy Act matters relating to the system of records. The designee should have ready access to the record involved, and be knowledgeable in all matters concerning what comprises the system of records and the basis for deciding Privacy Act issues. Subpart B-Individual Rights Regarding Access, Amendment, and Disclosure § 297.201 Identification requirements for specific inquiries and requests for access. (a) Unless the information sought is required to be released under the Freedom of Information Act or other statute, the Office or agency shall require proof of identity from a requester, and reserves the right to determine the adequacy of any such proof of identity before responding to a specific inquiry or request for access to a record in a system of records. The general identifying information items that a system manager may ask to be furnished before a specific inquiry or request for access is granted include: (1) Full name, signature, and home address; (2) Date and place of birth; (3) The current or last place and dates of Federal employment, if appropriate; and (4) Social Security Number (for systems of records retrieved by this identifier). |