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

The major focus is the idea that information should become declassified systematically as soon as practicable. Steven Garfinkel, director of the General Services Administration’s Information Security Oversight Office and the person responsible for monitoring compliance with the new eoo, says that the new order “keeps the lid on” the eeo important factors influencing the extent of classification: In other projects Wikisource.

The new order allows classifiers to continue to establish specific dates or events for declassification where that is appropriate.

While the “balancing test” may be a laudable principle, including an explicit requirement in the executive order only invited others to substitute their judgment for that of executive branch officials possessed with the expertise and experience to exercise this responsibility. By using this site, you agree to the Terms of Use and Privacy Policy. Both the new order and the President’s statement that accompanied it recognize that it is essential for American citizens to be informed about their Government’s activities.

Obviously, that would be impossible in the case of an erroneous disclosure to the general public. One factor was the large backlog of documents scheduled to be automatically declassified on December 31, and how to deal with that reality.


This new authority, however, may only be exercised by the President and agency heads and officials designated by the President as original classification authorities. They also recognize, however, the nation’s critical need to protect certain sensitive information when disclosure would harm the security of all Americans.

Tampa Bay Times PolitiFact.

Executive Order National Security Information

Another departure from E. Due to the lapse in appropriations, Department of Justice websites will not be regularly updated.

One other major change to E. The new order retains existing prohibitions against using classification to conceal violations of law, inefficiency or administrative error, or to prevent embarrassment, or delay 1256 release of’ information that does not require protection in the interest of national security.

The new order, 47 Fed.

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. Expansion of the information covered by the presumption should aid litigators defending Freedom of Information Act suits involving this information.

Many executive branch agencies receive FOIA requests 112356 information which may be classified according to the guidelines so by current Executive This order prescribes a uniform system for classifying, safeguarding, and declassifying The new order also removes the limits on the duration of classification.

Written by Gerald A. Second, the information must fall within one or more specified categories of information. It is also noteworthy that the term “confidential source” is now defined in the executive 1236, thus making clear that the identities of human sources who provide 12536 security information to agencies outside the intelligence community should be protected through classification.

The reason for this change is to eliminate uncertainty regarding the intent of the term “identifiable. Office of Information Policy. Sniffen May 28, The most important variable is not the particular information security system in place, but rather the status of world affairs.


In addition, the prohibition on classification of basic scientific research information not clearly related to the national security continues as under E.

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

Executive Order also contains a number of less significant changes to the predecessor order. 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.

These changes are designed to enhance the executive branch’s ability to protect national security information from unauthorized or premature disclosure without increasing the quantity of classified information. 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 el.

Catalog Record: Marking : EO 12356, national security information | Hathi Trust Digital Library

These el regulations, at the time, el into full effect on June 25, except for sections 1. But when, for example, an erroneous release is made to a single FOIA requester, this new provision provides the Government with needed flexibility that it did not have under the previous order. Related blog posts January 1, No such application of the “identifiable damage” concept was intended, and yet each such assertion in court required a full explanation and response, thereby increasing the increasing the Government’s litigative burden.

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