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Federal Register / Vol. 86, No. 243 / Wednesday, December 22, 2021 / Proposed Rules may contain information pertaining to the identity of a source who furnished information to the Government under an express promise that the sources identity would be held in confidence or prior to the effective date of the Privacy Act, under an implied promise.
Application of exemption k5 may be necessary because access to, amendment of, or release of the accounting of disclosures of such records could identify these confidential sources who might not have otherwise come forward to assist the Government; hinder the Governments ability to obtain information from future confidential sources; and result in an unwarranted invasion of the privacy of others.
Amendment of such records could also impose a highly impracticable administrative burden by requiring investigations to be continuously reinvestigated.
6 Exemption k6. Records in this system of records may contain information recompiled from other systems of records relating to testing or examination material used solely to determine individual qualifications for appointment or promotion in the Federal service. Application of exemption k6 may be necessary when access to and amendment of the records, or release of the accounting of disclosure for such records, may compromise the objectivity and fairness of the testing or examination process.
Amendment of such records could also impose a highly impracticable administrative burden by requiring testing and examinations to be continuously re-administered.
7 Exemption k7. Records in this system of records may contain evaluation material recompiled from other systems of records used to determine potential for promotion in the Armed Forces of the United States. In some cases, such records may contain information pertaining to the identity of a source who furnished information to the Government under an express promise that the sources identity would be held in confidence or prior to the effective date of the Privacy Act, under an implied promise. Application of exemption k7 may be necessary because access to, amendment of, or release of the accounting of disclosures of such records could identify these confidential sources who might not have otherwise come forward to assist the Government; hinder the Governments ability to obtain information from future confidential sources; and result in an unwarranted invasion of the privacy of others.
B Subsection c4 and d3 and 4. Subsections c4 and d3 and 4

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are inapplicable to the extent that an exemption is being claimed from subsections d1 and 2.
C Subsection e1. In the collection of information for investigatory or law enforcement purposes, it is not always possible to conclusively determine the relevance and necessity of particular information in the early stages of the investigation or adjudication. In some instances, it will be only after the collected information is evaluated in light of other information that its relevance and necessity for effective investigation and adjudication can be assessed. Collection of such information permits more informed decision-making by the Department when making required disciplinary and prosecutorial determinations. Additionally, records within this system may be properly classified pursuant to executive order.
Further, it is not always possible to determine relevancy or necessity of specific information in the earlier stages of responding to a FOIA or Privacy Act request or in litigation case development, including with respect to records pertaining to suitability determinations or armed services promotion evaluations that contain information about sources who were granted an express promise of confidentiality, or pertaining to testing or examination material used solely to determine individual qualifications for appointment or promotion in the Federal service, the disclosure of which would compromise the objectivity or fairness of the testing or examination process. Such information may later be deemed unnecessary upon further assessment. Accordingly, application of exemptions j2, k1, k2, k3, k5, k6, or k7 may be necessary.
D Subsection e2. To collect information from the subject individual could serve notice that he or she is the subject of a criminal investigation and thereby present a serious impediment to such investigations. Collection of information only from the individual accused of criminal activity or misconduct could also subvert discovery of relevant evidence and subvert the course of justice.
Accordingly, application of exemption j2 may be necessary.
E Subsection e3. To inform individuals as required by subsection e3 could reveal the existence of a criminal investigation and compromise investigative efforts. Accordingly, application of exemption j2 may be necessary.
F Subsection e4G and H.
Subsections e4G and H are inapplicable to the extent exemption is claimed from subsections d1 and 2.

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G Subsection e4I. To the extent that subsection e4I is construed to require more detailed disclosure than the broad information currently published in the system notice concerning categories of sources of records in the system, an exemption from this provision is necessary to protect the confidentiality of sources of information, the privacy and physical safety of witnesses and informants, and testing or examination material used solely to determine individual qualifications for appointment of promotion in the Federal service.
Accordingly, application of exemptions j2, k1, k2, k5, k6, and k7 may be necessary.
H Subsection e5. It is often impossible to determine in advance if investigatory records contained in this system are accurate, relevant, timely and complete, but, in the interests of effective law enforcement, it is necessary to retain this information to maintain an accurate record of the investigatory activity to preserve the integrity of the investigation and satisfy various constitutional and evidentiary requirements, such as mandatory disclosure of potentially exculpatory information in the investigative file to a defendant. It is also necessary to retain this information to aid in establishing patterns of activity and provide investigative leads. With the passage of time, seemingly irrelevant or untimely information may acquire new significance as further investigation brings new details to light and the accuracy of such information can only be determined through judicial processes. Accordingly, application of exemption j2 may be necessary.
I Subsection e8. To serve notice could give persons sufficient warning to evade investigative efforts. Accordingly, application of exemption j2 may be necessary.
J Subsection f. To the extent that portions of the system are exempt from the provisions of the Privacy Act concerning individual access and amendment of records, DoD is not required to establish rules concerning procedures and requirements relating to such provisions. Accordingly, application of exemptions j2, k1, k2, k5, k6, and k7 may be necessary.
K Subsection g. Subsection g is inapplicable to the extent that the system is exempt from other specific subsections of the Privacy Act to which the civil remedies provisions pertain.
iv Exempt records from other systems. In the course of carrying out the overall purpose for this system, exempt records from other systems of
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