**§1.554 Exemptions from public access to agency records.**

\(a\) The exemptions in this paragraph constitute authority to withhold
from disclosure certain categories of information in Department of
Veterans Affairs records except that any reasonably segregable portion
of a record shall be provided to any person requesting such record after
deletion of the portions which are exempt under this paragraph.

\(1\) Specifically authorized under criteria established by an Executive
order to be kept secret in the interest of the national defense or
foreign policy, and are in fact properly classified pursuant to such
Executive order.

\(2\) Related solely to internal Department of Veterans Affairs
personnel rules and practices.

\(3\) Specifically exempted from disclosure by statute other than 5
U.S.C. 552b, provided that such statute:

\(i\) Requires that the matters be withheld from the public in such a
manner as to leave no discretion on the issue, or

\(ii\) Establishes particular criteria for withholding or refers to
particular types of matters to be withheld.

\(4\) Trade secrets and commercial or financial information obtained
from any person and privileged or confidential.

\(5\) Interagency or intra-agency memorandums or letters which would not
be available by law to a private party in litigation with the Department
of Veterans Affairs.

\(6\) Personnel and medical files and similar files the disclosure of
which would constitute a clearly unwarranted invasion of personal
privacy.

\(7\) Records or information compiled for law enforcement purposes, but
only to the extent that the production of such law enforcement records
or information:

\(i\) Could reasonably be expected to interfere with enforcement
proceedings;

\(ii\) Would deprive a person of a right to a fair trial or an impartial
adjudication;

\(iii\) Could reasonably be expected to constitute an unwarranted
invasion of personal privacy;

\(iv\) Could reasonably be expected to disclose the identity of a
confidential source, including a State, local or foreign agency or
authority or any private institution which furnished information on a
confidential basis, and, in the case of a record or information compiled
by a criminal law enforcement authority in the course of a criminal
investigation, or by an agency conducting a lawful national security
intelligence investigation, information furnished by a confidential
source;

\(v\) Would disclose techniques and procedures for law enforcement
investigations or prosecutions, or would disclose guidelines for law
enforcement investigations or prosecutions if such disclosure could
reasonably be expected to risk circumvention of the law, or

\(vi\) Could reasonably be expected to endanger the life or physical
safety of any individual. (Authority: 5 U.S.C. 552(b)(7))

\(8\) Contained in or related to examination, operating, or condition
reports prepared by, on behalf of, or for the use of any agency
responsible for the regulation or supervision of financial institutions.

\(9\) Geological and geophysical information and data (including maps)
concerning wells.

\(b\) Information in the categories exempted under paragraph (a) of this
section, other than in paragraph (a)(3) which is applicable to
Department of Veterans Affairs claimant records, will be released only
as authorized in §1.550. The release of information from Department of
Veterans Affairs claimant records will be made only in accordance with
§§1.501 through 1.526.

\(c\) (1) Whenever a request is made which involves access to records
described in paragraph (a)(7)(i) of this section and

\(i\) The investigation or proceeding involves a possible violation of
criminal law, and

\(ii\) There is reason to believe that:

\(A\) The subject of the investigation or proceeding is not aware of its
pendency, and

\(B\) Disclosure of the existence of the records could reasonably be
expected to interfere with enforcement proceedings, the Agency may,
during only such time as that circumstance continues, treat the records
as not subject to the requirements of this section.

\(2\) Whenever informant records maintained by a criminal law
enforcement agency under an informant's name or personal identifier are
requested by a third party according to the informant's name or personal
identifier, the Department may treat the records as not subject to the
requirements of this section unless the informant's status as an
informant has been officially confirmed. (Authority: 5 U.S.C. 552(c)(1)
and (c)(2))

\[32 FR 10850, July 25, 1967, as amended at 40 FR 12657, Mar. 20, 1975;
42 FR 37976, July 26, 1977; 53 FR 9442, Mar. 23, 1988\]

*Next Section is §1.554a*