(d) The Board, the General Counsel or the Panel may decline to disclose any matters exempted from the disclosure requirements in 5 U.S.C. 552(b), particularly those that are:
(1)
- (i) Specifically authorized under criteria established by an executive order to be kept secret in the interest of national defense or foreign policy and (ii) are in fact properly classified pursuant to such executive order;
- (2) Related solely to internal personnel rules and practices of the Authority, the General Counsel or the Federal Service Impasses Panel;
(3) Specifically exempted from disclosure by statute (other than 5 U.S.C. 552(b)): Provided, That such statute:
- (i) Requires that the matters be withheld from the public in such a manner as to leave no discretion on the issue; or
- (ii) Establishes particular criteria for withholding or refers to particular types of matters to be withheld;
- (4) Trade secrets and commercial or financial information obtained from a person and privileged or confidential;
- (5) Interagency or intra-agency memoranda or letters which would not be available by law to a party other than an agency in litigation with the agency;
- (6) Personnel and medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion of personal privacy; or
(7) Investigatory records compiled for law enforcement purposes, but only to the extent that the production of such records would:
- (i) Interfere with an enforcement proceeding;
- (ii) Deprive a person of a right to a fair trial or an impartial adjudication;
- (iii) Constitute an unwarranted invasion of personal privacy;
- (iv) Disclose the identity of a confidential source and, in the case of a record compiled by a criminal law enforcement authority in the course of a criminal investigation, or by an agency conducting a lawful national security intelligence investigation, confidential information furnished only by the confidential source;
- (v) Disclose investigative techniques and procedures; or
- (vi) Endanger the life or physical safety of law enforcement personnel.