original classification

Original classification is the initial government determination that information requires protection against unauthorized disclosure in the interest of national security, because its disclosure could reasonably be expected to cause identifiable or describable damage to national security.

Executive Order 13526 establishes the legal authority for certain officials within the Executive Branch of the Federal government to designate classified national security information.

Classified information is assigned one of three levels of classification: TOP SECRET, SECRET, or CONFIDENTIAL.

Derivative classification is the process of extracting, paraphrasing, restating, or generating in another form information that is already classified, and marking the newly developed material consistent with the classification markings that apply to the source information.

Only a limited number of government officials are authorized to perform original classification; these officials are referred to as Original Classification Authorities, or OCAs.

All cleared DoD and authorized contractor personnel who generate or create material from classified sources may perform derivative classification; in contrast to original classification, a great many individuals derivatively classify information.

Information is the knowledge that can be communicated, and documentary material, regardless of its physical form or characteristics, that is owned by, produced by or for, or under the control of the U.S. Government.

National security is information relating to the national defense or foreign relations of the United States.

If there is significant doubt about the need to classify information, the OCA shall not classify the information.

This is derivative classification, because the classifier used existing classified information to create new material and marked it consistent with the classification of the source.

This is original classification, because the classifier made the initial determination that the information requires protection and assigned it a classification level.

An OCA is an individual authorized in writing, either by the President, the Vice President, or by agency heads or other officials designated by the President, to originally classify information in the first instance.

OCAs are responsible for determining when and if information should be classified, the level of that classification, how long it requires protection, and for communicating those decisions to other individuals who will need to use or store the information.

The President of the United States, the Vice President, the Secretary of Defense, the Secretaries of the Military Departments, and certain other senior officials within the Office of the Secretary of Defense and the DoD.

Original classification authority is not granted to particular individuals in the government, but rather to specific positions.

As a general rule, classification authority must be exercised an average of twice a year to qualify for retention of the OCA designation.

Only when there is a demonstrable and continuing need for such authority, meaning a justifiable requirement to perform original classification that is expected to last over time.

The individual must have the appropriate level of security clearance, must have received training in the fundamentals of proper security classification including the avoidance of over-classification, and should have sufficient expertise and information available to permit effective classification decision-making.

The request must specify the position title for which the authority is requested, provide a brief mission specific justification for the request, and be submitted through established organizational channels.

They request original classification authority through their activity to the office of the Under Secretary of Defense for Intelligence.

When there is a demonstrable and continuing need to exercise OCA during the normal course of operations, adequate information and expertise are available to make the classification decisions, existing Security Classification Guides are insufficient to address the information in question, and it is impractical to refer decisions to another OCA.

All OCAs must receive training in proper classification, including the avoidance of over-classification, and declassification at least once a calendar year.

The training shall address OCA responsibilities and classification principles, proper safeguarding of classified information, and the criminal, civil, and administrative sanctions that may be brought against an individual.

Classification authority is granted at a specific level and cumulative downwards, so an OCA with TOP SECRET classification authority may classify information at the TOP SECRET, SECRET, and CONFIDENTIAL levels.

An OCA granted SECRET classification authority may classify information only at the SECRET and CONFIDENTIAL levels.

Jurisdiction is the specific realm in which an OCA is qualified to make original classification decisions, such as a particular type of information or information relating only to a specific project, program, or type of operation; it helps ensure OCAs work within their realm of expertise.

No. Occupying a position designated as an OCA does not include the ability to grant that authority to other officials; this reduces the likelihood of conflicting classification guidance caused by unclear or overlapping jurisdiction.

When the OCA will be unable to perform his or her duties for an extended period, immediate subordinates such as deputies, vice commanders, and chiefs of staff may exercise the authority by officially assuming the OCA position in an acting capacity and certifying in writing that they have received the required OCA training.

The subordinate must certify in writing that he or she has been trained in OCA responsibilities, classification principles including avoidance of over-classification, proper safeguarding of classified information, and the criminal, civil, and administrative penalties for failing to protect classified information from unauthorized disclosure.

The records of delegation and training must be maintained by the activity Security Manager.

Unauthorized disclosure is a communication or physical transfer of classified information to an unauthorized recipient.

Step 1: Government Information, Step 2: Eligibility, Step 3: Impact, Step 4: Designate Classification Level, Step 5: Duration, and Step 6: Guidance.

At each step, if the information does not meet the criteria for becoming classified, the process terminates and the OCA will not classify the information.

No. If another OCA has already made an original classification determination, the information cannot be originally classified again.

The information must be owned by, produced by or for, or under the control of the U.S. Government.

No. If the government does not have any ownership interest in the information, it cannot be classified regardless of how sensitive it might be, and the classification process stops at Step 1.

The OCA must analyze whether the information is eligible for classification, assess whether there are any prohibitions or limitations on classifying it, determine whether it has already been classified by another OCA, and determine whether classification guidance is already available in security classification guides, plans, or other memorandums.

Military plans, weapons systems, or operations; foreign government information; intelligence activities (including covert action), intelligence sources or methods, or cryptology; foreign relations or foreign activities of the United States, including confidential sources; scientific, technological, or economic matters relating to national security; U.S. Government programs for safeguarding nuclear materials or facilities; vulnerabilities or capabilities of systems, installations, infrastructures, projects, plans, or protection services relating to national security; and the development, production, or use of weapons of mass destruction.

In no case shall information be classified, continue to be maintained as classified, or fail to be declassified in order to conceal violations of law, inefficiency, or administrative error; prevent embarrassment to a person, organization, or agency; restrict competition; or prevent or delay the release of information that does not require protection.

No, an OCA may not classify basic scientific research information that is not clearly related to national security.

Only when the reclassification is personally approved in writing by the agency head based on a document-by-document determination that reclassification is required to prevent significant and demonstrable damage to national security, the information may be reasonably recovered, and the reclassification action is reported promptly to the National Security Advisor and the Director of the Information Security Oversight Office (ISOO).

Only the Secretary of Defense or, for information under his or her jurisdiction, the Secretary of a Military Department, or the deputy agency head or senior agency official to whom such authority has been delegated.

The OCA must assess the impact to national security if unauthorized release occurs: the potential for damage to national security, whether there is a reasonable possibility of protecting the information from unauthorized disclosure, and the other costs of classifying it, including operational and technological factors and the impact on resources.

No, OCAs are not required to document the potential for damage, but because they may be asked to defend their decision if it is questioned or challenged, it is recommended they record their justification in writing.

If the probability of protection is small, the OCA must consider foregoing classifying the information, even though the information is sensitive.

CONFIDENTIAL information is information or material of which unauthorized disclosure could reasonably be expected to cause damage to the national security that the OCA is able to identify or describe.

SECRET information is information or material of which unauthorized disclosure could reasonably be expected to cause serious damage to the national security that the OCA is able to identify or describe.

TOP SECRET information is information or material of which unauthorized disclosure could reasonably be expected to cause exceptionally grave damage to the national security that the OCA is able to identify or describe.

If there is significant doubt about the appropriate level of classification, the information shall be classified at the lower level.

Compilation, also known as aggregation, involves combining or associating individually unclassified information that reveals an additional association or relationship warranting protection as classified information; it also applies when elements of information classified at a lower level become classified at a higher level when combined.

Step 5 involves downgrading, in which the OCA reviews whether the classification level can be lowered in the future, and declassification, in which the OCA determines how long the classification will remain in effect.

Downgrading is a determination that information classified at one level will have its classification reduced to a lower level on a specific date or event; its principal purpose is to conserve security resources by avoiding protection of information at too high a level.

Declassification is an authorized change in the status of information from classified to unclassified.

The OCA assigns a date or event within 10 years when the potential for damage from compromise is no longer a concern; absent such a date or event, the OCA assigns a date exactly 10 years after the date of original classification; if the information requires protection beyond 10 years, the OCA may assign a date up to 25 years from the original classification decision, unless an exemption applies.

The 25X exemptions, contained in Section 3.3(b) of Executive Order 13526, are exemptions from the requirement to declassify information at 25 years from the date of its original classification, for special cases in which information needs to remain classified longer than 25 years.

50X1-HUM is used, with no declassification date or event, for information that is clearly and demonstrably expected to reveal the identity of a confidential human source or a human intelligence source.

Information classified in accordance with the Atomic Energy Act of 1954, as amended, which includes Restricted Data (RD) and Formerly Restricted Data (FRD).

In order of preference, they are a security classification guide (SCG) and a properly marked source document.

DoDM 5200.45, Instructions for Developing Security Classification Guides, lists the minimum information SCGs must contain.

Appropriate portion markings, overall classification, date of the decision or guidance, agency and office of origin, subject, name or personal identifier and position of the OCA, declassification instructions, a concise reason for classification citing at a minimum one of the categories in paragraph 1.4 of E.O. 13526, and applicable special control or warning notices.

The OCA should not classify the information; classification may not be used to prevent or delay the release of information that does not require protection.