§ 1303.104 Board records exempt from public disclosure.

5 U.S.C. 552 provides that the requirements of the FOIA do not apply to matters that are: (a) Specifically authorized under the criteria established by an executive order to be kept secret in the interest of national defense or foreign policy and in fact are properly classified pursuant to such an executive order. (b) Related solely to the internal personnel rules and practices of the Board. (c) Specifically exempted from disclosure by another federal statute, provided that such statute: (1) Requires that records be withheld from the public in such a manner that leaves no discretion on the issue; or (2) Establishes criteria for withholding or refers to particular types of matters to be withheld. (d) Trade secrets, and commercial or financial information obtained from a person and privileged or confidential. (e) Interagency or intra-agency memoranda or letters that would not be available by law to a party other than an agency in litigation with the Board. (f) Personnel, medical, or similar files that disclosing would constitute a clearly unwarranted invasion of personal privacy. (g) Records or information compiled for law enforcement purposes. Buy only to the extent that the production of such law enforcement records or information: (1) Could reasonably be expected to interfere with enforcement proceedings: (2) Would deprive a person of a right to a fair trial or an impartial adjudication; (3) Could reasonably be expected to constitute an unwarranted invasion of personal privacy; (4) Could reasonably be expected to disclose the identity of any confidential source, including a State, local, or foreign agency or authority, or any private institution which furnished information on a confidential basis, and in the case of a record or information compiled by a criminal law enforcement agency in the course of a criminal investigation or by an agency conducting a lawful security intelligence investigation, information furnished by a confidential source; (5) Would disclose techniques and procedures for law enforcement investigations or prosecutions, or would disclose guidelines for law enforcement investigations or prosecutions if such disclosure could reasonably be expected to risk circumvention of the law; or (6) Could reasonably be expected to endanger the life or physical safety of any individual. (h) Contained in or related to examination, operating, or condition reports, prepared by, on behalf of, or for the use of an agency responsible for the regulation or supervision of financial institutions. (i) Geological and geophysical information and data, including maps, concerning wells.