(a) Pursuant to authority granted in section (j) of the Privacy Act, the Director of Central Intelligence has determined to exempt from all sections of the Act—except sections 552a(b); (c) (1) and (2); (e) (1), (4) (A)-(F), (5), (6), (7), (9), (10), and (11); and (i)—the following systems of records or portions of records in a system of record:
(1) Polygraph records.
(2) [Reserved]
(b) Pursuant to authority granted in section (j) of the Privacy Act, the Director of Central Intelligence has determined to exempt from sections (c)(3) and (e)(3) (A)-(D) of the Act all systems of records maintained by this Agency.
(c) Pursuant to authority granted in section (j) of the Privacy Act, the Director of Central Intelligence has determined to exempt from notification under sections (e)(4)(G) and (f)(1) those portions of each and all systems of records which have been exempted from individual access under section (j) in those cases where the Coordinator determines after advice by the responsible components that confirmation of the existence of a record may jeopardize intelligence sources and methods. In such cases the Agency must neither confirm nor deny the existence of the record and will advise a requester that there is no record which is available pursuant to the Privacy Act of 1974.
(d) Pursuant to authority granted in section (j) of the Privacy Act, the Director of Central Intelligence has determined to exempt from access by individuals under section (d) of the Act those portions and only those portions of all systems of records maintained by the CIA that:
(1) Consist of, pertain to, or would otherwise reveal intelligence sources and methods;
(2) Consist of documents or information provided by any foreign government entity, international organization, or, any United States federal, state, or other public agency or authority; and
(3) Consist of information which would reveal the identification of persons who provide information to the CIA Inspector General.
(e) Pursuant to authority granted in section (j) of the Privacy Act, the Director of Central Intelligence has determined to exempt from judicial review under section (g) of the Act all determinations to deny access under section (d) of the Act and all decisions to deny notice under sections (e)(4)(G) and (f)(1) of the Act pursuant to determination made under paragraph (c) of this section when it has been determined by an appropriate official of the CIA that such access would disclose information which would:
(1) Consist of, pertain to, or otherwise reveal intelligence sources and methods;
(2) Consist of documents or information provided by any foreign government entity, international organization, or, any United States federal, state, or other public agency or authority; and
(3) Consist of information which would reveal the identification of persons who provide information to the CIA Inspector General.
Notes of Decisions
Mobley v. Cent. Intelligence Agency, 924 F. Supp. 2d 24 (D.D.C. 2013).
“” 32 C.F.R. § 1901.62 (d). Since the Court has already concluded that the six withheld OSC records would reveal intelligence sources or methods, see supra Part Ill.”
Subh v. Cent. Intelligence Agency, 760 F. Supp. 2d 66 (D.D.C. 2011).
· cites it 2× “§ 552a(j)(1); 32 C.F.R. § 1901.62 (d)(1) and (e)(1). To the extent that disclosure of information deemed a "record” for Privacy Act purposes is permitted under the FOIA, however, the Privacy Act allows its release.”
Wheeler v. Cent. Intelligence Agency, 271 F. Supp. 2d 132 (D.D.C. 2003).
“The DCI has implemented this exemption by promulgating 32 C.F.R. § 1901.62 (d)(1), which protects information that would “[cjonsist of, pertain to, or otherwise reveal intelligence sources and methods[.”
Mahmoud Cherif Bassiouni v. Cent. Intelligence Agency, 392 F.3d 244 (7th Cir. 2005).
“The agency does not contend that the contents of all documents mentioning Bassiouni are classified; it could hardly do so, given not only its refusal to identify which documents it holds 'but also the certainty that its files contain many U.”
Pipko v. Cent. Intelligence Agency, 312 F. Supp. 2d 669 (D.N.J. 2004).
· cites it 2× “The DCI *DCCXIX has implemented Privacy Act exemption GXD by promulgating 32 C.F.R. § 1901.62 (d)(1), which exempts from disclosure information that consists of, pertains to, or would otherwise reveal intelligence sources and methods.”
Snyder v. Cent. Intelligence Agency, 230 F. Supp. 2d 17 (D.D.C. 2002).
“See 32 C.F.R. §§ 1901.62 (d)(1), 1901.63(a). Since plaintiff would not be entitled to information withheld pursuant to these exemptions to the Privacy Act, he could only gain access to it under the FOIA.”
Hillier v. Cent. Intelligence Agency (D.D.C. 2018).
· cites it 2× “The Director of the CIA did so in 32 C.F.R. § 1901.62 (d)(1), which exempts from the Privacy Act’s access provisions parts of CIA systems of records “that consist of, pertain to, or would otherwise reveal intelligence sources and methods.”
Schneider v. U.S. Dep't of Just. (D.D.C. 2020).
· cites it 2× “See 32 C.F.R. § 1901.62 (d)(1) (exempting access to systems of records “that consist of, pertain to, or would otherwise reveal intelligence sources and methods” under (j)(1)); 32 C.”
Subh v. Cent. Intelligence Agency (D.D.C. 2011).
· cites it 2× “§ 552a(j)(1); 32 C.F.R. § 1901.62 (d)(1) and (e)(1). To the extent that disclosure of information deemed a “record” for Privacy Act purposes is permitted under the FOIA, however, the Privacy Act allows its release.”
Braun v. Fed. Bureau of Investigation (D.D.C. 2019).
“The Director of the CIA has promulgated rules exempting from the access provisions of the Privacy Act those records pertaining to intelligence sources and methods, see 32 C.F.R. § 1901.62 (d)(1) (Exemption (j)(1)), and classified intelligence sources and methods, see id.”
Bassiouni, Mahmoud C v. CIA (7th Cir. 2004).
“The agency has used this authority, see 32 C.F.R. §1901.62 , which leads Bassiouni to direct his fire against the CIA’s invocation of exemptions to the FOIA.”
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