Sunday, March 26, 2023

Executive Order 13556 - National Security Classification And Exemption 1 of the Freedom of Information Act

 

Executive Order 13556 was issued by President Barack Obama on November 4, 2010. The order established a uniform framework for the handling of Controlled Unclassified Information (CUI) across the federal government. CUI is information that is not classified, but still requires safeguarding and control. Examples of CUI include sensitive financial information, medical records, and export control information.

The order required federal agencies to establish policies and procedures for the handling of CUI, and to create a standardized system for marking, safeguarding, and disseminating CUI. It also established the National Archives and Records Administration (NARA) as the executive agent responsible for overseeing the implementation of the order.

Executive Order 13556 is still in effect. However, on May 9, 2019, President Donald Trump issued Executive Order 13869, which revoked and replaced Executive Order 13556. Executive Order 13869 largely continued the policies and procedures established by Executive Order 13556 but made some changes to the way in which CUI is handled and overseen.

Some more details on the provisions of Executive Order 13556:

  1. Establishment of a CUI Framework: The order established a uniform framework for the handling of Controlled Unclassified Information (CUI) across the federal government. It required federal agencies to establish policies and procedures for the handling of CUI, including the creation of a standardized system for marking, safeguarding, and disseminating CUI.
  2. Designation of CUI Categories: The order designated 23 categories of CUI, including financial information, law enforcement information, and export control information. Each category was assigned a specific safeguarding and dissemination requirement.
  3. Protection of CUI: The order required federal agencies to implement measures to protect CUI from unauthorized disclosure or access, including physical, technical, and administrative safeguards.
  4. Standardization of CUI Markings: The order required the development of a standardized system for marking CUI that includes the CUI category and the appropriate handling and dissemination controls.
  5. Access to CUI: The order required federal agencies to establish procedures for granting and revoking access to CUI based on an individual's need-to-know.
  6. Oversight by NARA: The order designated the National Archives and Records Administration (NARA) as the executive agent responsible for overseeing the implementation of the CUI framework and ensuring that federal agencies comply with the provisions of the order.

Overall, Executive Order 13556 aimed to improve the management and protection of CUI across the federal government, to ensure that sensitive but unclassified information is handled appropriately and protected from unauthorized disclosure or access.

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