Limited distribution safeguards within CUI Registry
Controlled Unclassified Information (CUI) is a category of sensitive government information that requires specific handling and dissemination controls. Here's a guide to the guidelines surrounding the use of limited dissemination controls for CUI.
The designating agency is the only entity that can apply limited dissemination controls to CUI. Authorized holders can apply markings with the designating agency's approval. These controls ensure that CUI is not broadly distributed beyond authorized recipients.
The dissemination of information protected by attorney-client privilege or the attorney work product privilege is prohibited, restricting access to the attorney, the attorney's agents, or the client.
CUI custodians are responsible for enforcing security controls according to applicable CUI policies. They must adhere to federal standards like FISMA and NIST SP 800-53 for federal agencies, and NIST SP 800-171 for non-federal receivers. The dissemination controls must be implemented consistently with relevant laws, policies, and standards to maintain the confidentiality and proper handling of CUI.
The guidelines for the use of limited dissemination controls involve clearly defining the type of dissemination control, such as "REL TO" (Release To) or "DISPLAY ONLY," along with the associated CUI category and point of contact (POC) information. These controls specify who can access the CUI and under what conditions it can be shared or viewed.
Limited dissemination controls for CUI must be explicitly assigned according to the information category and handling policy, clearly specify authorized recipients or handling instructions, be supported by adherence to relevant federal security standards and policies, and be visibly marked on the CUI to inform handlers of controls. However, policy enforcement underlies actual control.
Dissemination is authorized only to federal employees of the United States Government executive branch departments and agencies, or armed forces personnel. Designating agencies can combine limited dissemination controls to accommodate necessary practices. A permissive foreign disclosure and release marking can be used to indicate that the originator has authorized a Senior Foreign Disclosure and Release Authority to make further sharing decisions.
Information may be authorized for disclosure to a foreign recipient but without providing the foreign recipient with a physical copy for retention (Display only). Sorting can be done by selecting any column heading. Dissemination is authorized only to those individuals, organizations, or entities included on an accompanying dissemination list (Dissemination list controlled). No dissemination is authorized to federal contractors (No dissemination to contractors).
Unnecessarily restricting access to CUI via limited dissemination controls contradicts the goals of the CUI program. Information has been predetermined by the designating agency to be releasable or has been released only to the specific foreign country(ies)/international organization(s) indicated (Authorized for release to certain nationals only). Dissemination is also authorized to federal employees and contractors (Federal employees and contractors only). However, information may not be disseminated to foreign governments, foreign nationals, foreign or international organizations, or non-US citizens (No foreign dissemination).
Each agency has its own CUI policy for applying limited dissemination controls and markings, which must align with 32 CFR 2002. Reference 32 CFR 2002.16 for a detailed discussion on limited dissemination guidelines.
In the context of business and finance, the designating agency allows authorized holders to apply markings for Controlled Unclassified Information (CUI) with their approval, ensuring that sensitive government information is accessed only by those who are authorized. Adherence to relevant federal security standards and policies, such as FISMA and NIST SP 800-53 for federal agencies, is essential for maintaining the confidentiality and proper handling of CUI.
