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Code of Federal Regulations (Last Updated: July 5, 2024) |
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Title 5 - Administrative Personnel |
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Chapter VIII - Office of Special Counsel |
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Part 1820 - Freedom of Information Act Requests; Production of Records or Testimony |
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Subpart B - Production of Records or Testimony |
§ 1820.14 - Factors OSC will consider.
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§ 1820.14 Factors the OSC will consider.
The General Counsel , in his or her sole discretion, may has discretion to grant an employee permission to testify on matters relating to official information , or produce official records and information, in response to a demand or request. Among the relevant factors that the General Counsel may consider in making this decision are , with the general proviso that OSC's release of information is subject to the Privacy Act, 5 U.S.C. 552a, and applicable privileges including but not limited to the attorney work product and deliberative process privileges. See especially §§ 1830.1(e)(2)(ii) and 1830.10(a) below. The General Counsel may also consider whether:
(a) The purposes of this part are met;
(c) Allowing such testimony or production of records(b) Allowing such testimony or production of records would be necessary to prevent a miscarriage of justice;
thewould assist or hinder
(d) Allowing such testimonyOSC in performing its statutory duties;
production of recordsor
thewould be in the best interest of
OSC or the United States;
e(
c) The records or testimony can be obtained from other sources;
f(
ruled) The demand or request is unduly burdensome or otherwise inappropriate under the applicable rules of discovery or the
rules of procedure governing the case or matter in which the demand or request arose;
g(
Disclosuree)
(h) DisclosureRelease would violate a statute, Executive Order, or regulation;
trade secretswould reveal trade secrets, confidential, sensitive, or privileged information,
similar, confidential or financial information, otherwise protected information, or information whichor
(i) Disclosureinformation that would otherwise be inappropriate for release;
or would impede or interfere with an ongoing law enforcement investigation or proceeding, or compromise constitutional rights or national security interests;
j) Disclosure(
thef) Allowing such testimony or production of records would result in
OSC appearing to favor one litigant over another;
k(
g) A substantial government interest is implicated;
l(
h) The demand or request is within the authority of the party making it; and/or
m(
i) The demand or request is sufficiently specific to be answered.