[Code of Federal Regulations]
[Title 8, Volume 1]
[Revised as of January 1, 2010]
From the U.S. Government Printing Office via GPO Access
[CITE: 8CFR1208.6]

[Page 925]
 
                     TITLE 8--ALIENS AND NATIONALITY
 
   CHAPTER V--EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, DEPARTMENT OF 
                                 JUSTICE
 
PART 1208_PROCEDURES FOR ASYLUM AND WITHHOLDING OF REMOVAL--Table of Contents
 
               Subpart A_Asylum and Withholding of Removal
 
Sec. 1208.6  Disclosure to third parties.

    (a) Information contained in or pertaining to any asylum 
application, records pertaining to any credible fear determination 
conducted pursuant to Sec. 1208.30, and records pertaining to any 
reasonable fear determination conducted pursuant to Sec. 1208.31, shall 
not be disclosed without the written consent of the applicant, except as 
permitted by this section or at the discretion of the Attorney General.
    (b) The confidentiality of other records kept by the Service and the 
Executive Office for Immigration Review that indicate that a specific 
alien has applied for asylum, received a credible fear or reasonable 
fear interview, or received a credible fear or reasonable fear review 
shall also be protected from disclosure. The Service will coordinate 
with the Department of State to ensure that the confidentiality of those 
records is maintained if they are transmitted to Department of State 
offices in other countries.
    (c) This section shall not apply to any disclosure to:
    (1) Any United States Government official or contractor having a 
need to examine information in connection with:
    (i) The adjudication of asylum applications;
    (ii) The consideration of a request for a credible fear or 
reasonable fear interview, or a credible fear or reasonable fear review;
    (iii) The defense of any legal action arising from the adjudication 
of, or failure to adjudicate, the asylum application, or from a credible 
fear determination or reasonable fear determination under Sec. 1208.30 
or Sec. 1208.31;
    (iv) The defense of any legal action of which the asylum 
application, credible fear determination, or reasonable fear 
determination is a part; or
    (v) Any United States Government investigation concerning any 
criminal or civil matter; or
    (2) Any Federal, State, or local court in the United States 
considering any legal action:
    (i) Arising from the adjudication of, or failure to adjudicate, the 
asylum application, or from a credible fear or reasonable fear 
determination under Sec. 1208.30 or Sec. 1208.31; or
    (ii) Arising from the proceedings of which the asylum application, 
credible fear determination, or reasonable fear determination is a part.

[65 FR 76133, Dec. 6, 2000]