What type of material is exempt from an individual’s right to disclosure under the Privacy Act?
What type of material is exempt from an individual’s right to disclosure under the Privacy Act?
Material exempt from an individual's right to disclosure under the Privacy Act includes investigatory material compiled for law enforcement purposes, other than those relating to criminal investigations. This exemption is to protect the confidentiality and integrity of non-criminal investigative work and to ensure that sources providing information under a promise of confidentiality are shielded.
Exemption (k)(2). Note that the answer is not D, because D specifically references criminal law, which is carved out of the exception. https://www.dea.gov/foia/privacy-act-exemptions
But the (J)2 mentions: Material reporting investigative efforts pertaining to the enforcement of criminal law including efforts to prevent, control, or reduce crime or to apprehend criminals.
Correct answer is B. Investigatory material compiled for law enforcement purposes, other than criminal, is exempt.
B. Material reporting investigative efforts to prevent unlawful persecution of an individual. (k)(2) - investigatory material compiled for law enforcement purposes, other than criminal, which did not result in loss of a right, benefit or privilege under federal programs, or which would identify a source who furnished information pursuant to a promise that his/her identity would be held in confidence.