A former colleague of mine who was a retired CIA analyst used to tell his students he would never knowingly, but almost certainly would inadvertently, share a tidbit of classified information in the classroom. Dealing with large amounts of classified information over a career increases the possibility of accidentally sharing a small nugget.
Sharing classified information knowingly, or revealing information one should know is sensitive, is a different matter. The U. The lowest level, confidential, designates information that if released could damage U. This is often used for the most highly sensitive information. There are several other designators that also indicate restricted access. For example, only those holding a secret or top secret clearance, and the critical nuclear weapon design information designation, are allowed to access information related to many aspects of the operation and design of nuclear weapons.
It is common for written documents to contain information that is classified at different levels, including unclassified information.
Individual paragraphs are marked to indicate the level of classification. Until they are ready for transmittal to ISOO, the records should be locked in a safe, filing cabinet, or other secure area. Transmittal requirements for classified materials vary depending on the classification level of the information they contain. In all instances, the use of street side mailboxes is prohibited. Postal Service certified, first class, express, or registered mail or government courier service.
Postal Service express or registered mail or government courier service. Wrap the body of records in opaque paper. Heavy brown paper or brown mailing envelopes are best. Label the front and back of the package with the highest classification marking of the documents it contains. On this outer wrapper, do NOT write the classification level of the materials contained within. ISOO staff will give more detailed instructions regarding the shipment of classified records and regarding the temporary retention of records by ISOO pending declassification.
If ISOO determines that the records provided require declassification review by equity-holding agencies, a non-governmental repository will be encouraged to file a Mandatory Declassification Review MDR request.
ISOO will then contact all equity-holding agencies and provide them with copies of the records for their review. Section 3. Mark the document 25 years from the date of the creation of the derivative document. Try to go back to the document originator and obtain the declassification information. If the information can not be traced, review for declassification at 25 years from creation of the document. How are dynamic documents portioned marked? Portion mark the sections or portions that you can, and the overall marking of the document.
If a section or portion can not be marked, it can not be used a derivative source document. How are documents being declassified remarked?
The only documents "allowed" to be remarked are those being requested for FOIA, MDR or other public access, and that are still in control of the agency. Do not remark any documents that are subject to automatic declassification or that have been accessioned to the National Archives. Can a classification be extended? Only an OCA with jurisdiction over the information may extend the duration of classification for up to 25 years from the date of the origin of the document.
The "25 years" denotes 25 years from the date of document creation, not the date of the security classification guide. Yes, you should go ahead and mark the document properly, but you should also let the sender know so that they can mark the original document properly. The following rules shall apply to classification of information under this order: A Documents in General. Each classified document shall show on its face its classification and whether it is subject to or exempt from the General Declassification Schedule.
It shall also show the office of origin, the date of preparation and classification and, to the extent practicable, be so marked as to indicate which portions are classified, at what level, and which portions are not classified in order to facilitate excerpting and other use.
Material containing references to classified materials, which references do not reveal classified information, shall not be classified. The Director of the Information Security Oversight Office may, for good cause, grant and revoke waivers of this requirement for specified classes of documents or information.
When you are marking a classified document, it is critical that all portions be appropriately marked so as to avoid any confusion about the classification of each portion. This remains true regardless of the overall classification of that page. If you were to take an unmarked portion out of one briefing and place that portion into another briefing, and there is no accompanying marking, you have created a classification problem.
There is an inherent responsibility to go back to the originating agency and request proper markings. If this is not possible, then the document cannot be used as a source document for other derivatively classified documents and must contain a statement stating so. Do not assume that a classified record that is more than years old has been declassified. Many have had their classification extended under section 3.
Records containing information that originated with other agencies or the disclosure of which would affect the interests or activities of other agencies must normally be referred for review to those agencies, and the information of concern shall be subject to declassification only by or with the concurrence of those agencies. Records containing foreign government information are sometimes governed by an agreement or referred to the originating government for its views on declassification.
Classified records within an integral file block, otherwise subject to automatic declassification under this section, are not automatically declassified until December 31 of the year that is 25 years from the date of the most recent record within the file block.
An integral file block usually consists of a set of records covering either a specific topic or a range of time, such as a presidential administration. Most integral file block determinations were made prior to the initial automatic declassification deadline of December 31, Under E. Restricted data and formerly restricted data are not classified under the provisions of E.
Information exempted from automatic declassification remains subject to the mandatory and systematic review provisions of E. Section 3. Government officials to protect the President, Vice President, and others for whom protection services, in the interest of national security, are authorized;. Information subject to exemption from automatic declassification at 25 years because it falls within one of the categories in 5 FAM Any proposals for exemption from automatic declassification at 25, 50, or 75 years must be made no earlier than five years nor later than one year before the information is subject to automatic declassification.
The fact that some information may ultimately be determined to warrant exemption from automatic declassification does not mean that the information may be exempted from automatic declassification at the time it is originally classified; i.
Although the order requires the systematic review of all permanent historical records exempted from automatic declassification under Section 3. When they are accessioned by NARA, usually when 30 years old, NARA becomes the legal owner of these records and is responsible for their disclosure to the public.
Requests for review for declassification of specific classified information are known as mandatory declassification review requests. Unlike FOIA or Privacy Act requests which normally describe a subject to which the request pertains, a mandatory review request must describe or identify the document or material containing the information to be reviewed with sufficient specificity to enable IPS to locate the records with a reasonable amount of effort; i.
In responding to a request for mandatory declassification review, the Department may refuse to confirm or deny the existence or non-existence of a document if the fact of its existence or non-existence would itself be classifiable under E. Although information may be declassified as a consequence of a mandatory declassification review, its release to the public is still subject to any disclosure exemptions under applicable law, including the FOIA and the Privacy Act.
Like many of its predecessors, E. Formal challenges are required to be in writing, but they need not be any more specific than to question why information is or is not classified or is classified at a certain level. Training shall include instruction on the proper safeguarding of classified information and on sanctions applicable to individuals who fail to classify information properly or protect classified information from improper disclosure.
OCAs who fail to receive such training will have their classification authority suspended until such training is received. Section 2. The Department will suspend the classification authority of derivative classifiers who fail to receive such training annually until such training is received. In accordance with Section 2. Such review shall include an evaluation of the content of the guidance and its use. The Department is required to provide ISOO with a detailed report summarizing the results of each review and to release an unclassified version to the public.
When updating the guide each bureau will be asked to review and identify any information that has changed and no longer requires classification or information that is not currently addressed in the guide but should be added. Users of the Declassification Guide are encouraged to submit comments and suggestions for its improvement to classification state.
Like its predecessor, E. Section 5. Under section Such inspections include:. Under the Directive, self-inspections are required to be regular and on-going, conducted at least annually. They are to be documented both internally and externally, with the senior agency official reporting annually to the Director of ISOO on the programs see 32 CFR The repository may be paper based or electronic but must include copies of all classified documents memos, letters, reports, etc.
There is no need to include cables or emails as these are available via the corporate archive. Under the E. The ISCAP is charged with the responsibility for ruling on: 1 Classification challenge appeals; 2 Agency requests for exemption from automatic declassification; and 3 Mandatory declassification appeals by individuals.
Government; 3 The information falls within one or more of the categories of information listed in section 1. Derivative classification: Information may be classified derivatively in two ways: 1 By reproducing, extracting, or summarizing classified information or applying classification markings derived from the source material, or 2 As directed by the Classification Guide see 5 FAM In order to classify information, it must pertain to one of the following: 1 Military plans, weapons systems, or operations; 2 Foreign government information; 3 Intelligence activities including covert action , intelligence sources or methods, or cryptology; 4 Foreign relations or foreign activities of the United States, including confidential sources; 5 Scientific, technological, or economic matters relating to the national security; 6 U.
As a general rule, information that has been declassified or marked as unclassified or that is unmarked may be classified or reclassified at any time if: 1 It otherwise meets the requirements for classification; and 2 It has not been previously released to the public under proper authority. Information that has been declassified and released under proper authority may be reclassified only if: 1 The information may be reasonably recovered; 2 The reclassification is approved by the s ecretary; and 3 The reclassification action is promptly reported to the n ational s ecurity a dvisor and the d irector of ISOO.
Declassify on Calculate 25 year max when source unmarked 5 FAM Information may be upgraded or downgraded by: 1 The official who authorized the original classification, if that official is still serving in the same position; 2 The successor in function to the official who originally classified the information; 3 A supervisory official of either; or 4 Officials delegated such authority in writing by the Secretary of State or the Under Secretary for Management. The declassification process has been overwhelmed by the flood of classified records awaiting review, said Sen.
Ron Wyden last week. One highly effective way to begin fixing the declassification system would be to set a maximum period of time that information can remain classified. Records that reach the drop dead date would not require review and they would not even need to be declassified in any formal way. Their prior classification status would simply lapse without any further processing.
How long should it be? Garfinkel thought that a forty year duration for classification would be the optimal period for maximizing declassification while minimizing risk.
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