OVERVIEW OF THE PRIVACY ACT OF 1974

TEN EXEMPTIONS

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

"The head of any agency may promulgate rules, in accordance with the requirements (including general notice) of sections 553(b)(1), (2), and (3), (c), and (e) of this title, to exempt any system of records within the agency from subsections (c)(3), (d), (e)(1), (e)(4)(G), (H), and (I) and (f) of this section if the system of records is--

[The seven specific exemptions are discussed in order below.]

At the time rules are adopted under this subsection, the agency shall include in the statement required under section 553(c) of this title, the reasons why the system of records is to be exempted from a provision of this section."

comment --

As noted above, subsection (g)(3)(A) grants courts the authority to review requested records in camera when a subsection (k) exemption is invoked to deny access. Further, several courts have held that reasonable segregation is required under the Act whenever a subsection (k) exemption is invoked. See, e.g., May v. Department of the Air Force, 777 F.2d 1012, 1015-17 (5th Cir. 1985); Lorenz v. NRC, 516 F. Supp. 1151, 1153-55 (D. Colo. 1981); Nemetz v. Department of the Treasury, 446 F. Supp. 102, 105 (N.D. Ill. 1978).


Go to Table of Contents || Previous Section Ten Exemptions: Two General Exemptions--5 U.S.C. 552a(j) || Next Section Ten Exemptions: 5 U.S.C. 552a(k)(1)