Privacy Exemptions

Freedom of Information Act (FOIA)

The Privacy Act provides an individual access to records pertaining to themselves if it is maintained within a System of Records. It also prohibits disclosure of records without a written consent from the individual(s) whom the record pertains, unless it falls under one of the twelve disclosure exemptions.

Each System of Records Notice published in the Defense Privacy and Civil Liberties Division will advise individuals if the records requested may fall under a Privacy Act Exemption. Those exemptions which may apply to Exchange records include the following.

  • 5 U.S.C. 552a(k)(2); Specific Investigatory Material compiled for law enforcement purposes.
  • 5 U.S.C. 552a(k)(5): Specific Investigatory Material compiled for the use of determining suitability, eligibility, or qualifications for Federal Civilian employment, federal contracts or access to classified information.
  • 5 U.S.C. 552a(k)(6): Specific testing or examination material used solely to determine individual qualifications for appointment or promotion in the federal service that disclosure would compromise objectivity or fairness of the testing or examination process.

Other Privacy Act Exemptions and Exclusions may be located in the Privacy Act of 1974.

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