Disclosure pursuant to a compulsory legal process served on the Office.

CFR · 2024-01-01 · US · Title 5

For purposes of this section, the Office considers that a subpoena signed by a judge is equivalent to a court order. (a) The Office may disclose, without prior consent of the data subject, specified information from a system of records whenever such disclosure is pursuant to an order signed by the appropriate official of a court of competent jurisdiction or quasi-judicial agency. In this subpart, a court of competent jurisdiction includes the judicial system of a state, territory, or possession of the United States. (b) Notice of the order will be provided to the data subject by the Office as soon as practicable after service of the order. The notice should be mailed to the last known address of the individual and state the name and number of the case or proceeding, and the nature of the information sought. (c) Before complying or refusing to comply with the order, an official with authority to disclose records under this subpart should consult legal counsel to ensure that the response is appropriate. (d) Before responding to the order or subpoena signed by a judge, an official with authority to disclose records (1) The requested material is relevant to the subject matter of the related judicial or administrative proceeding; (2) Motion is made to quash or modify an order that is unreasonable or oppressive: (3) Motion is made for a protective order when necessary to restrict the use or disclosure of any information furnished for purposes other than those of the involved procee

official document · source cfr-2024 · id 5:§ 297.402