When Derivatively Classifying Information Where Can You Find

The process of derivatively classifying information ensures that classified national security information is properly protected and consistently marked when incorporated into new documents. Knowing where to find guidance and resources is crucial for anyone involved in this process. This article delves into the various sources you can consult to effectively derivatively classify information, covering official directives, training materials, classification guides, and agency-specific regulations.

Understanding Derivative Classification

Derivative classification involves incorporating, paraphrasing, restating, or generating in a new form information that is already classified. The classification markings applied to the new document must reflect the level of classification, source, and declassification instructions of the source material. This ensures consistent protection of national security information.

The authority for derivative classification stems from the original classification authority. Essentially, the derivative classifier is bound by the decisions made by the original classifier. They do not have the authority to upgrade, downgrade, or declassify information. Their role is to accurately apply the classification markings based on the source material.

Key Sources for Derivative Classification Guidance

Successfully navigating derivative classification requires access to several key resources. These sources provide the rules, regulations, and best practices that guide the process:

1. Executive Order 13526

Executive Order 13526, "Classified National Security Information," is the cornerstone of the classification system in the United States. It outlines the principles, policies, and procedures for classifying, safeguarding, and declassifying national security information.

• Scope: EO 13526 applies to all executive branch agencies and personnel who handle classified information. It sets the framework for the entire classification system.
• Key Provisions: The order covers topics such as:
  • Original Classification: Criteria for original classification decisions.
  • Derivative Classification: Rules and responsibilities for derivative classifiers.
  • Declassification: Procedures for declassifying information.
  • Access and Dissemination: Guidelines for controlling access to classified information.
  • Security Markings: Standards for marking classified documents.
• Importance for Derivative Classifiers: Derivative classifiers must be thoroughly familiar with EO 13526. It provides the foundational rules for their work. Understanding the order helps ensure compliance with legal and regulatory requirements.

2. 32 CFR Part 2001 (Information Security Oversight Office (ISOO) Implementing Directive)

This regulation implements Executive Order 13526 and provides detailed guidance on all aspects of classified national security information management.

• Purpose: 32 CFR Part 2001 clarifies and expands upon the requirements of EO 13526. It offers specific instructions for implementing the order's provisions.
• Key Areas Covered:
  • Classification Levels: Definitions of Confidential, Secret, and Top Secret.
  • Classification Categories: Types of information that may be classified (e.g., military plans, intelligence activities).
  • Declassification Markings: Standard markings for declassification instructions.
  • Portion Marking: How to mark individual portions of a document.
  • Classification Challenges: Procedures for challenging classification decisions.
• Value for Derivative Classifiers: This regulation serves as a practical guide for derivative classifiers. It provides clear instructions on how to apply classification markings, handle classified information, and address common challenges.

3. Agency-Specific Regulations and Policies

In addition to the overarching federal guidelines, each agency develops its own regulations and policies for managing classified information. These agency-specific rules must be consistent with EO 13526 and 32 CFR Part 2001 but can provide additional detail and clarification relevant to the agency's mission.

• Examples:
  • Department of Defense (DoD): DoD Manual 5200.01, Volumes 1-3, "DoD Information Security Program: Overview, Classification, and Declassification"
  • Central Intelligence Agency (CIA): Internal directives and manuals on information security.
  • Department of Homeland Security (DHS): DHS Management Directive 11042, "Information Security Program"
• Content: Agency regulations often cover:
  • Specific Classification Guidance: Tailored to the types of information the agency handles.
  • Roles and Responsibilities: Defining who is authorized to classify information within the agency.
  • Security Procedures: Detailed instructions for safeguarding classified information.
  • Reporting Requirements: How to report security violations or concerns.
• Importance: Agency-specific regulations are critical because they provide the most relevant guidance for derivative classifiers within that agency. They reflect the agency's unique mission and operating environment.

4. Security Classification Guides

Security classification guides are essential tools for derivative classifiers. These guides provide specific instructions on how to classify information related to particular subjects, programs, or projects.

• Purpose: Classification guides streamline the derivative classification process by:
  • Identifying Classifiable Information: Clearly stating what types of information should be classified.
  • Specifying Classification Levels: Indicating the appropriate classification level (Confidential, Secret, or Top Secret) for different types of information.
  • Providing Declassification Instructions: Specifying when and how information should be declassified.
  • Listing Source Documents: Identifying the original classification authority and source documents.
• Content: A typical classification guide includes:
  • Subject Matter: The specific topic covered by the guide (e.g., a weapons system, an intelligence program).
  • Classification Levels: A detailed list of information elements and their corresponding classification levels.
  • Declassification Dates or Events: Instructions for when the information can be declassified.
  • Reasons for Classification: The national security interests that the classification is intended to protect.
  • Points of Contact: Names and contact information for individuals who can answer questions about the guide.
• Using Classification Guides Effectively:
  • Locate the Relevant Guide: Identify the classification guide that covers the subject matter of the document you are classifying.
  • Follow the Instructions: Carefully follow the classification instructions provided in the guide.
  • Document Your Decisions: Record the classification guide used and the specific sections that were applied.
  • Seek Clarification: If you have any questions or uncertainties, contact the points of contact listed in the guide.

5. Training Programs

Comprehensive training is essential for derivative classifiers. Training programs provide the knowledge and skills needed to apply classification principles correctly.

• Types of Training:
  • Initial Training: Required for all personnel who will be derivatively classifying information.
  • Refresher Training: Periodic training to reinforce knowledge and update individuals on changes in policy or procedures.
  • Specialized Training: Training focused on specific topics or types of information.
• Content: Training programs typically cover:
  • Overview of the Classification System: The legal and regulatory framework for classifying information.
  • Principles of Derivative Classification: The rules and responsibilities of derivative classifiers.
  • Security Markings: How to apply classification markings correctly.
  • Classification Guides: How to use classification guides effectively.
  • Practical Exercises: Hands-on exercises to reinforce learning.
• Benefits of Training:
  • Improved Accuracy: Training helps derivative classifiers apply classification principles consistently and accurately.
  • Reduced Errors: Training reduces the risk of errors that could compromise national security.
  • Increased Confidence: Training gives derivative classifiers the confidence to make sound classification decisions.
  • Compliance: Training ensures compliance with legal and regulatory requirements.

6. Information Security Professionals

Information security professionals serve as subject matter experts on all aspects of classified information management. They can provide guidance and support to derivative classifiers.

• Roles:
  • Security Managers: Responsible for overseeing the information security program within an agency or organization.
  • Classification Managers: Specialists in classification policy and procedures.
  • Security Specialists: Provide technical expertise on security controls and safeguards.
• Services: Information security professionals can:
  • Answer Questions: Provide clarification on classification policies and procedures.
  • Review Documents: Review documents to ensure that classification markings are applied correctly.
  • Develop Training: Develop and deliver training programs on information security.
  • Conduct Inspections: Conduct inspections to assess compliance with security requirements.
• Accessing Support: Derivative classifiers should know who their information security points of contact are and how to reach them when they need assistance.

7. Online Resources and Databases

Several online resources and databases can assist derivative classifiers in their work.

• ISOO Website: The Information Security Oversight Office (ISOO) website (archives.gov/isoo) provides access to:
  • Executive Order 13526
  • 32 CFR Part 2001
  • Guidance documents
  • Training materials
• Agency Websites: Agency websites often contain information on their specific information security policies and procedures.
• Intelligence Community Directives (ICDs): For those working with intelligence information, the Intelligence Community Directives provide further guidance.
• Controlled Unclassified Information (CUI) Registry: While not classified, CUI is sensitive information that requires protection. The CUI Registry provides guidance on handling CUI.

Best Practices for Finding and Using Derivative Classification Resources

To effectively use these resources, consider the following best practices:

• Start with the Basics: Begin by thoroughly understanding EO 13526 and 32 CFR Part 2001. These documents provide the foundation for all derivative classification activities.
• Know Your Agency's Policies: Familiarize yourself with your agency's specific regulations and policies on information security.
• Use Classification Guides: Always consult the relevant classification guide when classifying information.
• Document Your Decisions: Keep a record of the sources you used and the classification decisions you made.
• Seek Training: Participate in initial and refresher training to stay up-to-date on classification policies and procedures.
• Ask for Help: Don't hesitate to ask for assistance from information security professionals when you have questions or uncertainties.
• Stay Informed: Keep abreast of changes in classification policy and procedures by regularly reviewing official sources and participating in training.
• Maintain a Reference Library: Create a personal reference library of key documents, such as EO 13526, 32 CFR Part 2001, agency regulations, and classification guides.
• Utilize Online Resources: Take advantage of online resources and databases to access information quickly and efficiently.

Common Challenges in Finding Derivative Classification Guidance

Despite the availability of resources, derivative classifiers may encounter several challenges:

• Information Overload: The sheer volume of information available can be overwhelming. It can be difficult to identify the most relevant and up-to-date guidance.
• Conflicting Guidance: Sometimes, different sources may seem to provide conflicting guidance. This can create confusion and uncertainty.
• Outdated Information: Classification policies and procedures can change over time. It is important to ensure that you are using the most current information.
• Lack of Access: Access to some resources may be restricted based on security clearance or need-to-know.
• Interpretation Issues: The language in classification policies and procedures can be complex and open to interpretation.

Overcoming Challenges

To overcome these challenges, derivative classifiers can:

• Prioritize Sources: Focus on the most authoritative sources, such as EO 13526, 32 CFR Part 2001, and agency-specific regulations.
• Seek Clarification: When faced with conflicting guidance, seek clarification from information security professionals.
• Verify Information: Always verify that the information you are using is current and accurate.
• Build Relationships: Develop relationships with information security professionals who can provide guidance and support.
• Participate in Communities of Practice: Join communities of practice or forums where derivative classifiers can share information and best practices.
• Advocate for Resources: Advocate for the resources and training needed to perform derivative classification effectively.

The Importance of Accurate Derivative Classification

Accurate derivative classification is essential for protecting national security information. Errors in classification can have serious consequences, including:

• Unauthorized Disclosure: Improperly classifying information can lead to its unauthorized disclosure, which could harm national security.
• Compromised Operations: Incorrect classification markings can confuse personnel and compromise military or intelligence operations.
• Reputational Damage: Errors in classification can damage an agency's reputation and erode public trust.
• Legal Liability: Individuals who knowingly or negligently mishandle classified information may be subject to legal penalties.

By understanding where to find the necessary guidance and resources and by following best practices, derivative classifiers can help ensure that classified information is properly protected.

FAQs about Derivative Classification Resources

• Q: Where can I find the most up-to-date version of Executive Order 13526?

  A: The most up-to-date version of Executive Order 13526 can be found on the National Archives and Records Administration (NARA) website and the Information Security Oversight Office (ISOO) website.

• Q: How do I know which classification guide to use?

  A: Identify the subject matter of the document you are classifying and locate the classification guide that covers that topic. If you are unsure, consult with an information security professional.

• Q: What should I do if I find conflicting guidance in different sources?

  A: Seek clarification from an information security professional. They can help you interpret the guidance and determine the correct course of action.

• Q: Is refresher training required for derivative classifiers?

  A: Yes, refresher training is typically required periodically to ensure that derivative classifiers stay up-to-date on classification policies and procedures. Check with your agency's information security office for specific requirements.

• Q: Where can I find information on Controlled Unclassified Information (CUI)?

  A: Information on CUI can be found on the National Archives and Records Administration (NARA) website and in the CUI Registry.

• Q: What is the role of the Information Security Oversight Office (ISOO)?

  A: The Information Security Oversight Office (ISOO) is responsible for overseeing the government-wide security classification system and ensuring compliance with Executive Order 13526.

• Q: How can I access agency-specific regulations on information security?

  A: Agency-specific regulations are typically available on the agency's website or through the agency's information security office.

• Q: What are the consequences of improperly classifying information?

  A: Improperly classifying information can lead to unauthorized disclosure, compromised operations, reputational damage, and legal liability.

• Q: Who should I contact if I have questions about derivative classification?

  A: Contact your agency's information security office or an information security professional.

• Q: Where can I find training materials on derivative classification?

  A: Training materials on derivative classification are often available through your agency's information security office or on the ISOO website.

Conclusion

Effectively derivatively classifying information is a critical responsibility that demands a thorough understanding of the relevant regulations, policies, and guidance. Knowing where to find reliable and up-to-date resources – from Executive Orders and implementing directives to agency-specific guidelines and security classification guides – is paramount. By utilizing these resources, participating in training, and seeking guidance from information security professionals, derivative classifiers can ensure they are accurately protecting national security information. The commitment to continuous learning and diligent application of established principles safeguards sensitive data and contributes to the overall security of the nation.