Title 29

SECTION 4901.5

4901.5 Disclosure of other information.

§ 4901.5 Disclosure of other information.

(a) In general. Upon the request of any person submitted in accordance with subpart B of this part, the disclosure officer shall make any document (or portion thereof) from the records of the PBGC in the custody of any official of the PBGC available for inspection and copying unless PBGC reasonably foresees that disclosure would harm an interest protected by an exemption under the provisions of subsection (b) of FOIA and subpart C of this part or disclosure is otherwise prohibited by law. The subpart B procedures must be used for records that are not made available in the PBGC's electronic reading room under § 4901.4 and may be used for records that are available in the electronic reading room. Records that could be produced only by manipulation of existing information (such as computer analyses of existing data), thus creating information not previously in being, are not records of the PBGC and are not required to be furnished under FOIA.

(b) Discretionary disclosure. Notwithstanding the applicability of an exemption under subsection (b) of FOIA and subpart C of this part (other than an exemption under paragraph (b)(1) or (b)(3) of FOIA and § 4901.21 (a)(2) and (a)(3)), the disclosure officer may (subject to 18 U.S.C. 1905 and § 4901.21(a)(1)) make any document (or portion thereof) from the records of the PBGC available for inspection and copying if the disclosure officer determines that disclosure furthers the public interest and does not impede the discharge of any of the functions of the PBGC.

[61 FR 34123, July 1, 1996, as amended at 82 FR 26992, June 13, 2017]

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