[Code of Federal Regulations]
[Title 4, Volume 1]
[Revised as of January 1, 2009]
From the U.S. Government Printing Office via GPO Access
[CITE: 4CFR81.6]

[Page 84-85]
                            TITLE 4--ACCOUNTS
Sec. 81.6  Records which may be exempt from disclosure.

    The public disclosure of GAO records contemplated by this part does 
not apply to records, or parts thereof, within any of the categories 
listed below. Unless precluded by law, the Chief Quality Officer may 
nevertheless release records within these categories.
    (a) Records relating to work performed in response to a 
congressional request (unless authorized by the congressional 
requester), congressional correspondence, and congressional contact 
    (b) Records specifically required by an Executive Order to be kept 
secret in

[[Page 85]]

the interest of national defense or foreign policy. An example of this 
category is a record classified under Executive Order 12958, Classified 
National Security Information.
    (c) Records related solely to the internal personnel rules and 
practices of an agency. This category includes, in addition to internal 
matters of personnel administration, internal rules and practices which 
cannot be disclosed without prejudice to the effective performance of an 
agency function. Examples within the purview of this exemption are 
guidelines and procedures for auditors, investigators, or examiners, and 
records concerning an agency's security practices or procedures.
    (d) Records specifically exempted from disclosure by statute 
provided that such statute:
    (1) Requires that the matters be withheld from the public in such a 
manner as to leave no discretion on the issue, or
    (2) Establishes particular criteria for withholding or refers to 
particular types of matters to be withheld.
    (e) Records containing trade secrets and commercial or financial 
information obtained from a person that are privileged or confidential. 
This exemption may include, but is not limited to, business sales 
statistics, inventories, customer lists, scientific or manufacturing 
processes or development information.
    (f) Personnel and medical files and similar files the disclosure of 
which could constitute a clearly unwarranted invasion of personal 
privacy. This exemption excludes from disclosure all personnel and 
medical files, and all private or personal information contained in 
other files, which, if disclosed to the public, would amount to a 
clearly unwarranted invasion of the privacy of any person. An example of 
such other files within the exemption would be files compiled to 
evaluate candidates for security clearance.
    (g) Records and information compiled for law enforcement purposes.
    (h) Records having information contained in or related to 
examination, operation, 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) Records containing geological and geophysical information and 
data (including maps) concerning wells.
    (j) Inter-agency or intra-agency memoranda, letters, or other 
materials that are part of the deliberative process. For example, this 
exemption includes internal communications such as GAO or other agency 
draft reports, and those portions of internal drafts, memoranda and 
workpapers containing opinions, recommendations, advice, or evaluative 
remarks of GAO employees. This exemption seeks to avoid the inhibiting 
of internal communications, and the premature disclosure of documents 
which would be detrimental to an agency decision making.
    (k) Records in addition to those described in paragraph (j) of this 
section containing information customarily subject to protection as 
privileged in a court or other proceedings, such as information 
protected by the doctor-patient, attorney-work product, or lawyer-client 
    (l) Records GAO has obligated itself not to disclose, including but 
not limited to, records for which GAO officials have made a pledge of 
confidentiality, and records the release of which would adversely impact 
significant property interests or negatively affect public safety.
    (m) Unsolicited records containing information submitted by any 
person to GAO in confidence. An example of records covered by this 
exemption would be information obtained by the GAO Office of General 
Counsel (GAO FraudNET).

[68 FR 33832, June 6, 2003, as amended at 72 FR 50644, Sept. 4, 2007]