— designated “controlled unclassified information,” or CUI — is currently handled in an ad hoc manner, with each agency creating its own policies, procedures, and markings for safeguarding the information. This can create confusion with those requesting documents under the Freedom of Information Act, and among agency personnel handling such requests.

“This inefficient, confusing patchwork has resulted in inconsistent marking and safeguarding of documents, led to unclear or unnecessarily restrictive dissemination policies, and created impediments to authorized information sharing,” according to the order (.pdf). The fact that these agency-specific policies are often hidden from public view has only aggravated these issues.”

To standardize the management of such information, the directive orders all executive branch agencies to produce a list of all the categories and subcategories they currently use to distinguish CUI from other unclassified information and to submit the list within six months to the National Archives and Records Administration (NARA). For each category, the agencies must cite the relevant law, regulation or government policy that justifies protecting the information from dissemination.

“If there is significant doubt about whether information should be designated as CUI, it shall not be so
designated,” according to the order.

The NARA has a year to winnow these lists down to a single list of acceptable categories and subcategories for CUI.

Unclassified controlled information is protected from dissemination by various statutory exemptions passed by Congress and by government-wide policies. These include, for example, exemptions for information about individuals that is protected under the Privacy Act, information about law enforcement investigations and information about proprietary business information and trade secrets. In the case of the latter, businesses are allowed to block government entities, such as the Federal Trade Commission, from disseminating information to the public or to other corporations that they assert could harm their business interests.

Open-government advocacy groups such as the California First Amendment Coalition have often accused corporations and agencies of abusing these exemptions to protect their self-interests.

President Barack Obama opens a door in the Oval Office to greet children from the education documentary “Waiting for Superman,” Oct. 11, 2010. (Official White House Photo by Pete Souza)

See also:

• Officials Hoard Valuable Databases Funded by Taxpayers

Authors: Kim Zetter

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