OVERVIEW OF THE PRIVACY ACT OF 1974

TEN EXEMPTIONS

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

7. 5 U.S.C.  552a(k)(7)

"evaluation material used to determine potential for promotion in the armed services, but only to the extent that the disclosure of such material would reveal the identity of a source who furnished information to the government under an express promise that the identity of the source would be held in confidence, or, prior to the effective date of this section [9-25-75], under an implied promise that the identity of the source would be held in confidence."

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For an example of the application of this exemption, see May v. Department of the Air Force, 777 F.2d 1012, 1015-17 (5th Cir. 1985). For a further discussion of this provision, see OMB Guidelines, 40 Fed. Reg. 28,948, 28,974 (1975).


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