DEFINITION OF "CLASSIFIABLE INFORMATION"

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP89B01356R000400700007-2
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 8
• Document Creation Date: December 27, 2016
• Document Release Date: July 11, 2013
• Sequence Number: 7
• Publication Date: October 30, 1987
• Content Type: MEMO

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OS REGISTRY
30 October 1987
MEMORANDUM FOR: Director/CCISCMO/ICS
Director of Security
Chief, Special Security Center/OS
Information and Privacy Coordinator
IRO/DO
IRO/DA
IRO/DI
IRO/DS&T
FROM:
Assistant General Counsel
SUBJECT: Definition of "Classifiable Information"
1. Attached is a definition proposed by the Director,
Information Security Oversight Office (IS00) for the term
"classifiable information" as used in Standard Form 189, the
Classified Information Nondisclosure Agreement (SF-189). As
you know, the Agency does not use SF-189 but has its own
Secrecy Agreement that also uses the term "classifiable
information." In addition, the term appears in Form 4193,
the Sensitive Compartmented Information Nondisclosure Form,
which the DCI administers and which is used throughout the
Executive Branch, including the Agency.
2. You may also be aware that there is pending
litigation challenging the term "classifiable information" as
used in SF-189 and Form 4193. For purposes of the
litigation, OGC is formulating a definition of "classifiable
information" for the Form 4193. We would like you to review
the proposed ISO? definition and evaluate whether it is
appropriate for purposes of the Form 4193. Although the
Agency's basic Secrecy Agreement is not the subject of
litigation, we would also like you to examine the proposed
1500 definition in terms of the Agency's Secrecy Agreement.
Of particular concern is whether there is any category of
information not included in the 'SOO de
deserves protection as "classifiabl
3. Please send me your comme ts b 16 November. If ou
have any questions, give me a cal
Attachment
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STAT
STAT
STAT
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SUBJECT: Definition of "Classifiable Information"
DCl/OGC/LDj
(30 October 1987)
Distribution:
Orig - Addressees
1 - Chief, Special Security Center/OS
1 - Information and Privacy Coordinator
1 - Director/CCISCMO/ICS
1 - Director of Security
1- Subject File
1 - Signer
1 - Signer
1 - OGC Su ject
1 - OGC Chrono
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? illigi- - - ?
Washington. DC 20405
? :: ?
BY MESSENGER
October 27, 1987
MEMORANDUM FOR: Interested Parties
FROM: Steven Garfinkel
Director, Informa ion Security Oversight Office
SUBJECT: Proposed revision to regulatory definition
of 'classifiable information"
As agreed at our meeting yesterday, I enclose a draft of a
revised rule that would redefine the term 'classifiable
information,' as used in the Standard Form 189, "Classified
Information Nondisclosure Agreement." Please phone in your
comments to me at 535-7251, by the close of business today.
Enclosure
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BILLING CODE 6820 KC
rimoRmAnoti SECURITY OVERSIGHT OFFICE
32 CFR Part 2003
National Security Information
Standard Forms
AGENCY: Information Security Oversight Office (1500)
ACTION: Final Rule.
SUMMARY: This is an amendment to 32 CFR S 2003.20. In recent
months, questions have been raised about the intended scope of
the term "classifiable information," a term that has been used in
the Standard Form 189, "Classified Information Nondisclosure
Agreement,' since it was first issued in September 1983. On
August 3 and 11, 1987, /500 published definitions of the term
'classifiable information' in the Federal Register. These
definitions were designed to clarify the meaning of this term and
to demonstrate that it applies to a very narrow class of
information. Subsequently, it has become evident that further
clarification is desirable for purposes of alleviating concern
and dispelling confusion about the actual scope of the
nondisclosure obligation in regard to such information. Relevant
explanatory information circulated by /600 since August 1987 has
proved useful in further clarifying the intended reach of the
term 'classifiable information.' As a result, /S00 has
determined that it would be desirable to amend its published
definition to incorporate such further explanation. The revised
7-7
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definition does not change the substance of the applicability of
'classifiable information' In each executed nondisclosure
agreement, but may, nevertheless, prove useful to a better
understanding by affected employees of their nondisclosure
obligations. While /S00 will include this definition in future
reprints of the Standard Form 189, it is intended to apply to all
editions of the Form.
EFFECTIVE DATE: Upon Publication.
FOR FURTHER INFORMATION CONTACT:
Steven Garfinkel, Director, ISO?.
Telephone: [phone]
SUPPLEMENTARY INFORMATION: This amendment to 32 CFR Part
2003 is issued pursuant to Section 5.2(b)(7) of Executive
Order 12356.
List of Subjects in 32 CFR Part 2003
Classified information, Executive orders, Information,
National security information, Security information.
32 CFR Part 2003 is amended as follows:
PART 2003 -- NATIONAL SECURITY INFORMATION -- STANDARD FORMS
1. The authority citation for 32 CFR Part 2003 continues to
read:
AUTHORITY: Sec. 5.2(b)(7) of E.O. 12356.
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Subpart B - Prescribed Forms
2. Section 2003.20 (h)(1) is revised to read as follows:
(h) * * *
(1)(1) As used in paragraph 1 of SF 189, the term
*classifiable information* refers to two categories of
information only: (a) unmarked classified information,
including oral communications; and (b) unclassified
information that meets the standards for classification and
is in the process of a classification determination.
'Classifiable information' does not refer to currently
unclassified information that may be subject to possible
classification at some future date, but is not currently in
the process of a classification determination. Therefore,
the only circumstances under which a party to SF 189 might
violate its terms by disclosing unclassified information are
when a party knows, or reasonably should know, that such
information is in the process of a classification
determination and requires interim protection as provided in
Section 1.1(c) of Executive Order 12356 or any other statute
or Executive order that requires interim protection for
certain unclassified information while a classification
determination is pending.
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(ii) A party to SF 189 may be liable for disclosing
'classifiable information' only if: (a) he or she knows that
the unmarked information is classified, or is in the process
of a classification determination, in which case the
unauthorized disclosure is willful or negligent; or (b) he
or she should know that the unmarked information is
classified, or is in the process of a classification
determination, in which case the unauthorized disclosure is
negligent. /n no instance could a party to SF 189 be liable
for violating its nondisclosure provisions by disclosing
unmarked information when, at the time of the disclosure,
there was no basis to suggest, other than pure speculation,
that the information was classified or in the process of a
classification determination.
Dated:
Steven Garfinkel
Director, Information
Security Oversight Office
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