CUI (Controlled Unclassified Information) is a category of sensitive information that requires safeguarding and dissemination controls to protect national security and other interests. However, it is important to understand that not all CUI needs to be controlled indefinitely. Agencies are responsible for decontrolling CUI as soon as it no longer requires such controls, unless there are legal or policy restrictions.
Determining who is responsible for controlling CUI can be a complex task. In general, anyone who creates information that falls into the CUI category is responsible for protecting and handling it correctly. This means that the authorized holder of a document or material is responsible for determining, at the time of creation, whether the information qualifies as CUI. If it does, the authorized holder must apply appropriate CUI markings and dissemination instructions.
The role of the authorized holder is crucial in ensuring the proper handling of CUI. They are responsible for limiting access to CUI, ensuring that only authorized individuals can handle it. This helps to maintain the confidentiality and integrity of the information. Additionally, the authorized holder must verify that the CUI reaches its intended destination, ensuring that it does not fall into the wrong hands.
It is important to note that the National Archives and Records Administration (NARA) serves as the program’s Executive Agent. NARA is responsible for overseeing the CUI program and providing guidance to agencies on the proper handling and decontrol of CUI. However, the primary responsibility for controlling CUI lies with the individuals who create and handle the information.
While agencies have the responsibility to decontrol CUI when it is no longer necessary, they must also ensure that this action does not conflict with governing laws, regulations, or Government-wide policies. This means that there may be cases where certain CUI needs to be controlled for a longer period, even if it is no longer actively used or required.
The responsibility for controlling CUI lies with the individuals who create and handle the information. They must apply appropriate markings and dissemination instructions, limit access to authorized personnel, and verify that the information reaches its intended destination. Agencies, with guidance from NARA, are responsible for decontrolling CUI as soon as practicable, unless there are legal or policy restrictions.
How And When Is CUI Decontrolled?
CUI, or Controlled Unclassified Information, is subject to decontrol by agencies based on certain principles. The decontrol process involves removing safeguarding and dissemination controls from CUI that no longer requires such measures. However, the decontrol process should be in compliance with relevant laws, regulations, and Government-wide policies.
Here are the steps and considerations involved in the decontrol of CUI:
1. Evaluation: Agencies need to regularly assess whether the CUI they possess still requires safeguarding or dissemination controls. This evaluation involves determining if the information is still sensitive or classified and if its continued protection is necessary.
2. Relevance: If it is determined that specific CUI no longer requires safeguarding or dissemination controls, agencies should proceed with the decontrol process. This typically applies to information that has become outdated, no longer relevant, or has lost its sensitivity over time.
3. Compliance: However, agencies must ensure that decontrolling CUI does not conflict with governing laws, regulations, or Government-wide policies. If any legal or policy restrictions prevent the decontrol of certain information, agencies are obliged to retain the appropriate safeguards and controls.
4. Timeliness: Decontrol should be executed promptly once it is determined that CUI no longer requires such controls. Agencies should not unnecessarily prolong the safeguarding and dissemination of information that no longer holds sensitivity or classified status.
5. Documentation: It is essential for agencies to maintain proper documentation of the decontrol process. This includes records of evaluations conducted, justification for decontrol decisions, and any legal or policy restrictions that prevent decontrol.
Agencies must evaluate the relevance and sensitivity of CUI regularly. If it is determined that specific CUI no longer requires safeguarding or dissemination controls, agencies should promptly proceed with the decontrol process, while ensuring compliance with relevant laws and policies. Documentation of the decontrol process is crucial for accountability and transparency purposes.
Who Is Responsible For Applying CUI Markings And Dissemination Controls?
The responsibility for applying Controlled Unclassified Information (CUI) markings and dissemination controls lies with the authorized holder of the document or material. The authorized holder is the individual who has been granted the authority and clearance to handle and manage the specific CUI information. They are responsible for determining, at the time of creation, whether the information in the document or material falls into a CUI category.
Once the authorized holder identifies the information as CUI, they must apply the appropriate markings and dissemination instructions according to the CUI regulations and guidelines. These markings and instructions help to clearly indicate the sensitivity and handling requirements of the CUI information.
It is crucial for the authorized holder to understand the different CUI categories and their associated markings. They should be knowledgeable about the applicable dissemination controls, which specify who can access the information and under what conditions. This ensures that the CUI is appropriately protected and shared only with authorized individuals or organizations.
The authorized holder of a document or material is responsible for determining if it contains CUI, applying the necessary markings, and following the prescribed dissemination controls to safeguard the sensitive information.
Who Can Access Controlled Unclassified Information?
Controlled Unclassified Information (CUI) can only be accessed by individuals who have been authorized to handle it. The access to CUI should be limited to these authorized individuals in order to maintain its confidentiality and security. The responsibility falls on the holders of CUI to ensure that only authorized personnel are granted access to this information.
It is crucial for organizations handling CUI to establish proper protocols and mechanisms to verify and control access to this sensitive information. This may include the implementation of secure systems, such as access controls and authentication procedures, to ensure that only authorized individuals can access and handle CUI.
In order to comply with the guidelines set forth by the GSA Order CIO 2100.1 IT Security Policy, holders of CUI must take necessary measures to authenticate the identity of individuals seeking access to this information. This can be done through the use of login credentials, passwords, or other authentication methods, depending on the security requirements and level of sensitivity of the CUI.
Additionally, it is important for holders of CUI to establish measures to track and monitor the movement of this information. This can be achieved through the use of tracking systems, such as audit logs or tracking software, to ensure that the CUI reaches its intended destination and is not accessed or intercepted by unauthorized individuals.
Access to controlled unclassified information is restricted to individuals who have been authorized to handle it. Holders of CUI must implement appropriate measures to verify the identity of authorized individuals and track the movement of this information to maintain its confidentiality and security.
Who Is Responsible For Protecting DoD CUI?
Responsibility for protecting DoD Controlled Unclassified Information (CUI) lies with multiple individuals and entities. Here is a breakdown of the key stakeholders involved:
1. Department of Defense (DoD): The DoD is responsible for establishing policies and procedures to safeguard CUI and ensure compliance with relevant regulations and guidelines.
2. Defense Security Service (DSS): DSS, a component of the DoD, oversees the implementation of the DoD CUI program. They provide guidance, training, and assistance to help organizations protect CUI.
3. CUI Program Manager: Each DoD component designates a CUI Program Manager who is responsible for managing and overseeing the protection of CUI within their respective organizations. They ensure compliance with policies, monitor implementation, and provide support to employees.
4. Information Owners: Information owners, typically senior officials or program managers, are responsible for identifying and designating CUI within their organizations. They determine the sensitivity and handling requirements of the information.
5. Information Custodians: Information custodians are individuals or organizations entrusted with the physical or electronic storage and maintenance of CUI. They ensure proper access controls, implement security measures, and handle CUI in accordance with established policies.
6. CUI Users: Any individual who has access to CUI, including military personnel, civilian employees, contractors, and authorized third parties, are responsible for correctly handling and protecting CUI. They must adhere to the established policies and procedures.
7. Executive Agent (EA): The National Archives and Records Administration (NARA) is designated as the EA for the DoD CUI program. NARA provides oversight, guidance, and support to ensure consistent implementation of the program across the DoD.
It is important for all stakeholders to understand their responsibilities and actively participate in the protection of DoD CUI to maintain the confidentiality, integrity, and availability of sensitive information.
Conclusion
The responsibility for decontrolling Controlled Unclassified Information (CUI) lies with the respective agencies that designate it. As per the CUI General Decontrol Principles, agencies should decontrol any CUI that no longer requires safeguarding or dissemination controls, unless it conflicts with governing laws, regulations, or Government-wide policies. However, the authorized holder of a document or material is initially responsible for determining whether information falls under the CUI category and applying the appropriate markings and dissemination instructions. It is crucial for holders of CUI to limit access to authorized individuals and ensure that the information reaches its intended destination. While the National Archives and Records Administration (NARA) serves as the program’s Executive Agent, the primary responsibility for controlling and decontrolling CUI lies with the agencies and individuals creating and handling the information.
