The Privacy Act of 1974 provides that an agency will grant access to records on individuals within their possession unless one of ten exemptions applies. For a listing of DEA’s exempt Privacy Act system of records, please see the Department of Justice, System of Record Notices webpage.
A system of records is defined by the Privacy Act as a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual. Rules exempting systems of records from certain Privacy Act requirements are contained in 28 CFR Part 16, Subpart E, and are listed with the corresponding system of records found in DEA’s System of Record Notices.
If agency records are exempt from disclosure under the Privacy Act, DEA will review the records under the FOIA to give the requester the greatest possible access to records. Records may be exempt from disclosure by both the Privacy Act and the FOIA. Records that are not exempt from disclosure will be released to the requester.
The Privacy Act exemptions are described below. Please note, Privacy Act Exemption (j)(1) applies to CIA records only and is not included below.
Exemptions
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(d)(5) |
Information compiled in reasonable anticipation of a civil action proceeding. |
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(j)(2) |
Material reporting investigative efforts pertaining to the enforcement of criminal law including efforts to prevent, control, or reduce crime or to apprehend criminals. |
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(k)(1) |
Information that is currently and properly classified pursuant to an executive order in the interest of the national defense or foreign policy, for example, information involving intelligence sources or methods. |
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(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. |
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(k)(3) |
Material maintained in connection with providing protective services to the President of the United States or any other individual pursuant to the authority of Title 18, United States Code, Section 3056. |
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(k)(4) |
Required by statute to be maintained and used solely as statistical records. |
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(k)(5) |
Investigatory material compiled solely for the purpose of determining suitability, eligibility, or qualifications for federal civilian employment or for access to classified information, the disclosure of which would reveal the identity of the person who furnished information pursuant to a promise that his/her identity would be held in confidence. |
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(k)(6) |
Testing or examination material used to determine individual qualifications for appointment or promotion in federal government service, the release of which would compromise the testing or examination process. |
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(k)(7) |
Material used to determine potential for promotion in the armed services, the disclosure of which would reveal the identity of the person who furnished the material pursuant to a promise that his/her identity would be held in confidence. |
