Code of Federal Regulations (Last Updated: November 8, 2024) |
Title 32 - National Defense |
Subtitle B - Other Regulations Relating to National Defense |
Chapter XVIII - National Counterintelligence Center |
Part 1800 - Public Access to NACIC Records Under the Freedom of Information Act (FOIA) |
Subpart D - Additional Administrative Matters |
§ 1800.32 - Procedures for information concerning other persons.
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§ 1800.32 Procedures for information concerning other persons.
(a) In general. Personal information concerning individuals other than the requester shall not be disclosed under the Freedom of Information Act if the proposed release would constitute a clearly unwarranted invasion of personal privacy. See 5 U.S.C. 552(b)(6). For purposes of this section, the following definitions apply:
Personal information means any information about an individual that is not a matter of public record, or easily discernible to the public, or protected from disclosure because of the implications that arise from Government possession of such information.
Public interest means the public interest in understanding the operations and activities of the United States Government and not simply any matter which might be of general interest to the requester or members of the public.
(b) Determination to be made. In making the required determination under this section and pursuant to exemption (b)(6) of the FOIA, NACIC will balance the privacy interests that would be compromised by disclosure against the public interest in release of the requested information.
(c) Otherwise. A requester seeking information on a third person is encouraged to provide a signed affidavit or declaration from the third person waiving all or some of their privacy rights. However, all such waivers shall be narrowly construed and the Coordinator, in the exercise of his discretion and administrative authority, may seek clarification from the third party prior to any or all releases.