Read the following excerpt from a US court opinion:
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database has been exempted pursuant to exemption (j)(2). See Cunningham Decl. ¶¶ 21-22. Nevertheless, this Court agrees with my colleague’s reasoning in Gordon, and finds that the documents identified in the email archive were properly withheld as this database is not a “system of records” within the meaning of the Privacy Act and is therefore not subject to the disclosure provisions therein. See Gordon, 118 F.Supp.3d at 291, 2015 WL 4602588, at *9; 5 U.S.C. § 552a(a)(5) (defining “system of records” as “a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual”); see also Mobley v. CIA, 924 F.Supp.2d 24, 56 (D.D.C.2013) .. In sum, I conclude that defendant met its
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What is the most suitable continuation to the opinion? Your options are:
A. holding that users have reasonable expectation of privacy in text messages despite advance warning that the messages could be read
B. holding that email messages stored on a computer but not yet read were in electronic storage
C. holding that daily reports prepared by agency investigator were not records within a system of records since they were retrievable by the investigators identifier and not accessed by plaintiffs name
D. holding that a database of email messages is not a system of records under the privacy act because it is not indexed by personal identifier
E. holding that it is not
Reply with [A, B, C, D, E] only.