EO 12356 PDF

This explanation of the development of E.O. originally appeared as an appendix to Annual Report to the President FY (Washington, D.C., ) by . The new National Security Information Executive Order issued by President Reagan on April 2, E.O. , includes a number of changes to Executive Order . Shortly after President Ronald Reagan issued E.O. on April 2, , general and of E.O. in particular with a view to reform

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This new authority, however, may only be exercised by the President and agency heads and officials designated by the President as original classification authorities. Related blog posts January 1, This order keeps the number of classifiers at its present total of approximately 7, persons worldwide, down percent from just a decade ago, and retains the requirements for effective internal and external monitorship and training.

In addition to foreign government information and the identity of a confidential foreign source, unauthorized disclosure of intelligence sources and methods is also now presumed to cause damage to the national security.

This system and prior systems linking classification to arbitrary in time frames did not significantly accelerate the declassification process but did increase the risk of premature disclosure of information that merited continued protection. The most important variable is not the particular information security system in place, but rather the status of world affairs.

Of course, declassification reviews will continue to be required whenever information is requested by any citizen under the mandatory review provisions of the order or the Freedom of Information Act and, generally, will also occur through a systematic review after 30 years. One factor was the large backlog of documents scheduled to be automatically declassified on December 31, and how to deal with that reality.

This order prescribes a uniform system for classifying, safeguarding, and declassifying The reason for this change is to eliminate uncertainty regarding the intent of the term “identifiable. Finally, all information to be classified must be owned by, produced by or for, or under the control of the United States Government.

As noted earlier, all of these changes are designed to better enable the Government to protect truly sensitive national security information–in court and otherwise–and to reduce unnecessary administrative burdens without permitting excessive classification.

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Retrieved from ” https: For example, under the order that is being replaced, classification activity increased approximately ten percent between FY ’79 and FY ’80, largely because of the Iranian hostage crisis. Executive Order also contains a number of less significant changes to the predecessor order.

Steven Garfinkel, director of the General Services Administration’s Information Security Oversight E and the person responsible for monitoring compliance with the new order, says that the new order “keeps the lid on” the most important factors influencing the extent of classification: One other major change to E.

While these general requirements were present in the previous order, two changes have been made to improve the Government’s ability to protect sensitive information. These latest regulations, at the time, went into full effect on June 25, except for sections 1. This unintended burden will be eliminated by the new order.

Classified National Security Information. These additions, however, merely codify and clarify existing practice under the previous order and do not authorize classification of information that does not also meet other requirements. First, the threshold standard for classification of information as “confidential” has been modified from “identifiable damage” to “damage.

They also recognize, however, the nation’s critical need to protect certain sensitive information when disclosure would harm the security of all Americans. This requirement is a partial reversal of a provision in E. In addition, the prohibition on classification of basic scientific research information not clearly wo to the national security continues as under E. By using this site, you agree to the Terms of Use and Privacy Policy. It supersedes Executive Order No.

Of the systemic variables that do affect the number of classification decisions, the most relevant are the number of persons authorized to classify information and the quality 123556 program oversight.

FOIA Update: Guest Article: An Overview of Executive Order | OIP | Department of Justice

First, the individual classifying the document must be authorized to do so. The second change to the requirements for classification is ro addition of several subject matter categories of ep e.

Many executive branch agencies receive FOIA requests for information which may be classified according to the guidelines established by current Executive In one lawsuit, for example, the plaintiff argued that disclosure of information identifying certain intelligence sources would not result in “identifiable” damage because the expected harm to these sources was merely speculative.

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This page was last edited on 6 Novemberat Office of Information Policy. EO restated the authorized list of designees who can originate classification, in effect rescinding any previous designations made by officials or agency heads to subordinates. The new order also removes the limits on the duration of classification. Mechanisms are outlined for periodic reevaluation of the need to classify information, even if the result of the evaluation is to keep the information classified.

Barack Obama on December 29, Second, the information must fall within one or more specified categories of information. In conclusion, nothing in the new order is intended to permit the classification of additional material beyond that which was subject to classification under E.

FOIA Update: Guest Article: An Overview of Executive Order 12356

Certain specified individuals could extend the declassification eeo or event or establish a date for declassification review beyond six years, but generally no more than 20 years after original classification.

That invitation significantly complicated the task of protecting legitimately classified information in court and added no countervailing benefit to the public because no court has ever ordered information released under the balancing test.

The new order also eliminates the prohibition against the reclassification of information previously declassified and released by providing that such information can be reclassified if it “may reasonably be recovered.

However, some litigants have contended that this language requires that the damage be of a particular type or degree in order to justify classification. National Archives and Records Administration, 5 January Steven Garfinkel, director of the General Services Administration’s Information Security Oversight Office and the person responsible for monitoring compliance with the new order, says that the new order “keeps the lid on” the most important factors influencing the extent of classification:.

Wikisource has original text related to this article: While the “balancing test” may be a laudable principle, including an explicit requirement in the fo order only invited others to substitute their judgment for that of executive branch officials possessed with the expertise and experience to exercise this responsibility.

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