NOAA Privacy Act Exemptions

This section lists the exemptions to the Privacy Act.

One Special Exemption (5)

Nothing in the Privacy Act requires an agency to grant access to any information compiled in reasonable anticipation of a civil action or proceeding, including administrative hearings. This protects civil litigation files from access by the individual. This does not incorporate a deliberative process privilege or an attorney-client privilege. Unlike all of the other Privacy Act exemptions, (d)(5) is SELF-EXECUTING, since it does not require an implementing regulation.

Two General Exemptions (j)(1) and (j)(2)

The head of an agency may promulgate regulations to exempt applicable records. These regulations must be published in the Federal Register.

There is no time limitation on this exemption - even if there is no trial or the investigation is closed. Also, the exemption follows the record - no matter where it ends up (e.g., in a non-law enforcement file).

If one of these specific Exemptions is cited: