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7 October 2011 CIA Removes Information Security Regulations
http://www.ofr.gov/OFRUpload/OFRData/2011-25546_PI.pdf [FR Doc. 2011-25546 Filed 10/07/2011 at 8:45 am; Publication Date: 10/11/2011] 6310-02-M CENTRAL INTELLIGENCE AGENCY 32 CFR Part 1902 Information Security Regulations AGENCY: Central Intelligence Agency. ACTION: Final Rule. SUMMARY: The Central Intelligence agency is removing certain information security regulations which have become outdated. The Executive Order upon which the regulations are based has been superseded, and the regulations are no longer needed. DATES: Effective [INSERT DATE OF PUBLICATION OF THE FEDERAL REGISTER]. FOR FURTHER INFORMATION CONTACT: Joseph W. Lambert, (703) 613-1379. SUPPLEMENTARY INFORMATION: Under the authority of Executive Order 13526, the CIA is removing and reserving 32 CFR Part 1902. This part relies on authority that is no longer in force and established criteria and procedures that are superseded by Executive Order 13526. This rule is being issued as final rule without prior notice of proposed rulemaking as allowed by the Administrative Procedures Act, 5 U.S.C. 533(b)(3)(A) for rules of agency procedure and interpretation and Section 6 of the CIA Act as amended, 50 U.S.C. 403g. List of Subjects in 32 CFR Part 1902 Information security regulations. Accordingly, under the authority of Executive Order 13526, the CIA removes and reserves part 32 CFR part 1902. § 1902.13 [Removed and Reserved] Dated: 19 September 2011.
Joseph W. Lambert,
http://law.justia.com/cfr/title32/32-6.2.4.19.3.html 32 C.F.R. PART 1902—INFORMATION SECURITY REGULATIONS Title 32 - National Defense PART 1902—INFORMATION SECURITY REGULATIONS Subparts A–E [Reserved] Subpart F—Declassification and Downgrading § 1902.13 Declassification and downgrading policy. Subparts A–E [Reserved] Subpart F—Declassification and Downgrading Authority: Sec. 5–402 of Executive Order 12065. § 1902.13 Declassification and downgrading policy. 32 C.F.R. § 1902.13 Declassification and downgrading policy. Title 32 - National Defense PART 1902—INFORMATION SECURITY REGULATIONS Subpart F—Declassification and Downgrading § 1902.13 Declassification and downgrading policy. (a)–(b) [Reserved] (c) The Executive Order provides that in some cases the need to protect properly classified information “may be outweighed by the public interest in disclosure of the information,” and that “when such questions arise” the competing interests in protection and disclosure are to be balanced. The Order further provides that the information is to be declassified in such cases if the balance is struck in favor of disclosure. The drafters of the Order recognized that such cases would be rare and that declassification decisions in such cases would remain the responsibility of the Executive Branch. For purposes of these provisions, a question as to whether the public interest favoring the continued protection of properly classified information is outweighed by a public interest in the disclosure of that information will be deemed to exist only in circumstances where, in the judgment of the agency, nondisclosure could reasonably be expected to: (1) Place a person's life in jeopardy. (d) When a case arises that requires a balancing of interests under paragraph (c) above, the reviewing official shall refer the matter to an Agency official having Top Secret classification authority, who shall balance. If it appears that the public interest in disclosure of the information may outweigh any continuing need for its protection, the case shall be referred with a recommendation for decision to the appropriate Deputy Director or Head of Independent Office. If those officials believe disclosure may be warranted, they, in coordination with OGC, as appropriate, shall refer the matter and a recommendation to the DDCI. If the DDCI determines that the public interest in disclosure of the information outweighs any damage to national security that might reasonably be expected to result from disclosure, the information shall be declassified. [45 FR 64175, Sept. 29, 1980]
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