[89] The National Security Archive has collected a number of examples of overclassification and government censors blacking out documents that have already been released in full, or redacting entirely different parts of the same document at different times. [34][35][36][37], Restricted Data (RD) and Formerly Restricted Data (FRD) are classification markings that concern nuclear information. SIGMA information of special sensitivity may be handled much like SAP or SCI material (q.v. Even documents created by private individuals have been seized for containing nuclear information and classified. Nonnumerical characterizations of numerical confidential business information (e.g., discussion of trends) will be treated as confidential business information only at . The U.S. Department of Energy recognizes two types of Restricted Data:[84]. [28], Examples include information related to military strength and weapons.[29]. If-and-only-if a document is marked confidential, it must be treated as a . A document marked SECRET (CODE WORD) could be viewed only by a person with a secret or top secret clearance and that specific code word clearance. Suite B provides protection for data up to Top Secret on non-CCI devices, which is especially useful in high-risk environments or operations needed to prevent Suite A compromise. Many interpretations exist concerning what constitutes harm or the degree of harm that might result from improper disclosure of the information, often leading to inconsistent or contradictory guidelines from different agencies. NOFORN and distribution statements are often used in conjunction with classified information or alone on Sensitive But Unclassified (SBU) information. NDAs are to be used for the purpose of protecting information at the stage where companies are determining whether to enter into a business relationship with another company. A contractor or employee who is careless or negligent An unscrupulous insider who acts criminal or malicious A credential thief, or someone impersonating an employee Of these, the first example is by far the most common, representing 62 percent of the insider threats studied in the report. However, this executive order provides for special access programs that further restricted access to a small number of individuals and permit additional security measures (Sec. The security and confidentiality of confidential information should be of the utmost importance to a company. The lower-level L clearance is sufficient for access to Secret Formerly Restricted Data and National Security Information, as well as Confidential Restricted Data and Formerly Restricted Data. Avoid committing confidential information to e-mail. But you may still become the victim of improper disclosure of medical records through a data security breach, the improper maintenance of records, or the unauthorized . Classified documents 25 years or older must be reviewed by any and all agencies that possess an interest in the sensitive information found in the document. Sensitivity is based upon a calculation of the damage to national security that the release of the information would cause. ), but, because the information is unclassified, it is sometimes released to the public as well. Never use third party confidential information obtained through inappropriate means such as misrepresentation or omission of important facts. For example, SAP material needs to be stored and used in a facility much like the SCIF described below. Because an NDA does not determine ownership of IP, no actual work (such as development work) should be undertaken under an NDA. What is a trade secret? [92], The existence of an "Above Top Secret" classification is considered by some as unnecessary to keep the existence of aliens a secret, as they say information at the Top Secret level, or any level for that matter, can be restricted on the basis of need to know. Company personnel should avoid receipt of the confidential information of third parties unless the receipt is covered by a. [3], Various UFO conspiracies mention a level "Above Top Secret" used for UFO design information and related data. Don't leave private documents unattended, whether you're a nurse, lawyer, or an employee handling your company's confidential material. "[54], The review recommended that original classification authorities should specify clearly the basis for classifying information, for example, whether the sensitivity derives from the actual content of the information, the source, the method by which it was analyzed, or the date or location of its acquisition. The destruction of certain types of classified documents requires burning, shredding, pulping or pulverizing using approved procedures and must be witnessed and logged. 4.01 Maintaining Confidentiality Psychologists have a primary obligation and take reasonable precautions to protect confidential information obtained through or stored in any medium, recognizing that the extent and limits of confidentiality may be regulated by law or established by institutional rules or professional or scientific relationship. However, in 2008, the government revealed they have monitored UFO activity for at least the past 30 years. A trade secret is a type of confidential information that receives additional statutory protection according to various state, federal and local laws. At the highest levels, people sometimes must work in rooms designed like bank vaults (see Sensitive Compartmented Information Facility SCIF). Competitive Patent Landscape and SWOT Analysis, Freedom-to-Operate Searching, Mapping and Analysis, Protecting Company Confidential Information, Receiving Confidential Information from Third Parties, Protecting Confidential Information as a Trade Secret. Confidential data includes information provided to receive a library card and a list of the materials that have been borrowed. Aftergood notes, "The universe of classified information includes not only genuine national security secrets, such as confidential intelligence sources or advanced military technologies, but an endless supply of mundane bureaucratic trivia, such as 50-year-old intelligence budget figures, as well as the occasional crime or cover-up. Each level of classification indicates an increasing degree of sensitivity. Confidential Information Overview and Types - Study.com Declassification is the process of removing the classification of a document and opening it for public inspection. Legal protections prevent physicians from revealing certain discussions with patients, even under oath in court. Privately funded libraries may not have the same privacy protection as those which receive public funds. Other departments continuing the use of this designation include the Department of Homeland Security. Classified information concerning or derived from sensitive intelligence sources, methods, or analytical processes. Classified U.S. government documents typically must be stamped with their classification on the cover and at the top and bottom of each page. A 2013 report to Congress noted that the relevant laws have been mostly used to prosecute foreign agents, or those passing classified information to them, and that leaks to the press have rarely been prosecuted. Specific compartmented programs will have their own specific rules. There are also other things that can be included in those agreements. 2001. When Employees Leave: Make Sure Trade Secrets Are Protected Each employee should have the following responsibilities under a confidential information policy: Contacting us through this website or via e-mail does not imply nor create an attorney-client relationship. The Interagency Security Classification Appeals Panel has representatives from the United States Department of State, United States Departmen of Justice; the National Archives, the Office of the Director of National Intelligence (OFAC); the National Security Advisor (NSA); the Central Intelligence Agency (CIA); and Information Security Oversight Office.[96]. Authors must mark each paragraph, title and caption in a document with the highest level of information it contains, usually by placing appropriate initials in parentheses at the beginning of the paragraph, title, or caption, for example (C), (S), (TS), (TS-SCI), etc., or (U) for unclassified. Just How Secret Is It? Can Mere Confidential Information Be Legally Examples of situations where information, normally considered to be confidential, might need to be shared: A person is likely to harm themselves; A person has been, or is likely to be, involved in a serious crime; A person is likely to harm others; Your safety is placed at risk The Code of Ethics identifies the confidentiality of information pertaining to clients, patients, students, and research subjects as a matter of ethical obligation, not just as a matter of legal or workplace requirements. [63][64], Also, they must not have traveled (save while in government employ and at the instructions of the United States) to countries that are considered to be unfriendly to the United States. CUI would replace categories such as For Official Use Only (FOUO), Sensitive But Unclassified (SBU) and Law Enforcement Sensitive (LES). Confidential Information means any information disclosed by either party to the other party, either directly or indirectly, in writing, orally or by inspection of tangible objects ( including, without limitation, documents, prototypes, samples, plant and equipment ), which is designated as "Confidential," "Proprietary" or some similar designation. To me ALL of the the Internet is the most . Department of Energy information, especially the more sensitive SIGMA categories, may be treated as SAP or SCI. For all practical purposes, Q is equivalent to Top Secret, and L is equivalent to Secret. A determination must be made as to how and when the document will be declassified, and the document marked accordingly. Access requires the clearance necessary for the sensitivity of the information, as well as a legitimate need to obtain the information. Information that was never classified is sometimes referred to as "open source" by those who work in classified activities. The United States has three levels of classification: Confidential, Secret, and Top Secret. Some highly sensitive SAP or SCI programs may also use the "no lone zone" method (that is, a physical location into which no one is allowed to enter unaccompanied) described for nuclear weapons. Top Secret material must go by special courier, Secret material within the U.S. via registered mail, and Confidential material by certified mail. For example, it is standard that no person is allowed unaccompanied access to a nuclear weapon or to command-and-control systems for nuclear weapons. The U.S. does use the term restricted data in a completely different way to refer to nuclear secrets, as described below. The easiest way to protect confidential business documents is to lock them up and then shred the documents when you are no longer required to keep them. If the page containing that paragraph is double-sided, the page should be marked SECRET on top and bottom of both sides. The United States government classification system is established under Executive Order 13526, the latest in a long series of executive orders on the topic beginning in 1951. [And] secrecy is a threat to democracy. Code words may also label the sources of various documents; for example, code words are used to indicate that a document may break the cover of intelligence operatives if its content becomes known. Sending confidential information Always use a sealed envelope or package. ", "Glossary: Sensitive Compartmented Information Refresher", "Explaining the latest NSA revelations Q&A with internet privacy experts", "National Industrial Security Program Operating Manual", "Memorandum of July 25, 2019, telephone conversation between President Donald Trump and Ukraine President Volodymyr Zelensky", "Agriculture-Related Pollution in the USSR", "United States Senate Committee on the Judiciary", "The Office of the Director of National Intelligence Classification Guide", "Semiannual Assessment of Compliance with Procedures and Guidelines Issued Pursuant to Section 702 of the Foreign Intelligence Surveillance Act, Submitted by the Attorney General and the Director of National Intelligence", "[no title, apparent extract from University of California laboratory security briefing]", Atomic Energy Commission's Declassification Review of Reports on Human Experiments and the Public Relations and Legal Liability Consequences, "Classified Documents: Secrecy vs. Typically, the individual is asked to sign another non-disclosure agreement (NDA), similar to that which they signed when initially briefed, and this document serves as the formal record. Patients are entitled to expect an obligation of confidence from the health and care services they receive. Receiving Confidential Information from Third Parties [62] In practice, access to Restricted Data is granted, on a need-to-know basis, to personnel with appropriate clearances. Contrary to popular lore, the Yankee White clearance given to personnel who work directly with the President is not a classification. These practices can be compared with (and may have inspired) the concepts multilevel security and role-based access control. The United States Navy recognizes that the public has an interest in environmental, safety, and health information, and that the basic research the Navy carries out can be useful to industry. Answer (1 of 10): All reliability is relative and no knowledge base is comprehensive. Confidential information is generally defined as information disclosed to an individual employee or known to that employee as a consequence of the employee's employment at a company. Credible sites include the date of any information, cite the source of the information presented, are well designed and professional. Explain the role of confidentiality in your work Begin your answer by explaining how you expect to interact with confidential information in your role. [15], The United States government classifies sensitive information according to the degree which the unauthorized disclosure would damage national security. SCI Sensitive Compartmented Information. An example of an issue with confidential information, under an NDA, is what do you do about verbal information thats transferred between two parties? Guantanamo Bay detention camp has used a "presumptive classification" system to describe the statements of Guantanamo Bay detainees as classified. Part 2001, 75, This page was last edited on 26 June 2023, at 03:05. Protecting & Handling Confidential Information Topics, Confidential Information Basics In the past, clearances did not necessarily transfer between various U.S. government agencies. Tony Russo and Daniel Ellsberg were prosecuted under espionage law. A confidence might be broken if a large amount of money is at stake. Some suggest that claims of the existence of such a classification level may be based on the unsubstantiated belief that the levels of classification are themselves classified. Confidential information can include information in any form, such as written documents/records or electronic data. To address this problem, the Commission recommended that '[t]he culture of agencies feeling they own the information they gathered at taxpayer expense must be replaced by a culture in which the agencies instead feel they have a duty to repay the taxpayers' investment by making that information available. Sensitive and confidential information comes in many forms but is generally any information that you or your organization would not want disclosed. RESTRICTED DATA contains further compartments. There is no public reference to whether SCI is divided in the same manner, but news reports reflecting that only the Gang of Eight members of Congress are briefed on certain intelligence activities, it may be assumed that similar rules apply for SCI or for programs with overlapping SAP and SCI content. Every employee should understand the basics of identifying and handling of company and third party confidential information. 1.4(a) military plans, weapons systems, or operations; 1.4(c) intelligence activities, sources, or methods, or cryptology; 1.4(d) foreign relations or foreign activities of the United States, including confidential sources; 1.4(e) scientific, technological or economic matters relating to national security; which includes defense against transnational terrorism; 1.4(f) United States Government programs for safeguarding nuclear materials or facilities; 1.4(g) vulnerabilities or capabilities of systems, installations, infrastructures, projects or plans, or protection services relating to the national security, which includes defense against transnational terrorism; and/or. The most sensitive material requires two-person integrity, where two cleared individuals are responsible for the material at all times. CLASSIFICATION OF NUCLEAR WEAPONS-RELATED INFORMATION, U.S. Department of Defense Directive DoDD 5230.24, March 18, 1987, See the WATERWITCH document at right for an example of a document marked REL TO USA, FVEY, Monte Reel, "A Brotherhood of Spies: The U2 and the CIA's Secret War," (New York: Anchor Books, 2019), p. 71, Past@Present blog of University of Massachusetts, Department of History, 28 Oct. 2019, Joint Electronics Type Designation System Parenthetical C, United States Department of Homeland Security, Office of the Director of National Intelligence, habeas corpus petitions of Guantanamo Bay detainees, Sensitive Compartmented Information Facility, International Traffic in Arms Regulations, Elliptic Curve Digital Signature Algorithm, National Archives and Records Administration, Learn how and when to remove this template message, Sensitive Compartmented Information Control systems, Critical Nuclear Weapon Design Information, Moynihan Commission on Government Secrecy, Interagency Security Classification Appeals Panel, Copyright status of work by the U.S. government, "Executive Order 13526 - Classified National Security Information". How can a business be damaged by accepting the confidential information of others? Protecting Confidential Information as a Trade Secret Thus, the U.S. government could conceal an alien project without having to resort to another level of clearance, as need to know would limit the ability to have access to the information. The United States does not have a British-style Official Secrets Act. Those countries would have to maintain the classification of the document at the level originally classified (Top Secret, Secret, etc.). Copyright HarperCollins Publishers An exception is information on nuclear weapons, materials and power, where levels of protection are specified in the Atomic Energy Act of 1954, see restricted data. FVEY is the country code used as shorthand for the,
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