Restricted Distribution Measures in CUI Database
Controlled Unclassified Information (CUI) and Limited Dissemination Controls
In the realm of the U.S. government, Controlled Unclassified Information (CUI) is subject to certain restrictions to ensure its sensitive nature is protected and its access is carefully managed. These restrictions, known as limited dissemination controls, are employed when necessary to safeguard the information, comply with relevant laws, regulations, or policies, and secure its proper handling and sharing [1][4].
The designating agency is the only entity authorized to apply limited dissemination controls to CUI. However, it's important to note that unnecessarily restricting access to CUI goes against the goals of the CUI program [2]. Each agency has its own CUI policy, which outlines specific criteria for the application of limited dissemination controls and control markings, ensuring alignment with 32 CFR 2002 [3].
There are various types of limited dissemination controls, each serving a unique purpose. For instance, "FED ONLY" authorizes dissemination solely to federal employees, while "NOCON" prohibits sharing CUI with federal contractors. "Authorized for release to certain nationals only" (REL TO [USA, LIST]) indicates that information has been predetermined to be releasable or has been released only to the specific foreign country(ies) or international organization(s) indicated [5].
"Display only" (DISPLAY ONLY [USA, LIST]) allows disclosure to a foreign recipient but without providing the foreign recipient with a physical copy for retention. Conversely, "No foreign dissemination" (NOFORN) cannot be shared with foreign governments, foreign nationals, foreign or international organizations, or non-US citizens [6]. Dissemination is also authorized only to those individuals, organizations, or entities included on an accompanying dissemination list (DL ONLY) [7].
Moreover, information protected by the attorney-client privilege can be disclosed only to the attorney, the attorney's agents, or the client (Attorney-Client), while information protected by the attorney work product privilege can be disclosed only to the attorney who originated the work product or their successor (Attorney-WP) [8].
It's crucial to remember that access to CUI is permitted only when it abides by the laws, regulations, or Government-wide policies, furthers a lawful Government purpose, is not restricted by an authorized limited dissemination control, and is not otherwise prohibited by law [9]. For a comprehensive understanding of limited dissemination guidelines, reference 32 CFR 2002.16.
In essence, federal agencies use limited dissemination controls whenever they are required to restrict the distribution of CUI to a limited set of authorized recipients to maintain the confidentiality, integrity, or privacy of the information, in accordance with 32 CFR Part 2002 and Executive Order 13556 mandates [1][4].
[1] https://www.archives.gov/cui/resources/cui-program-fact-sheet.html [2] https://www.archives.gov/cui/resources/cui-program-fact-sheet.html [3] https://www.archives.gov/cui/resources/cui-program-fact-sheet.html [4] https://www.archives.gov/cui/resources/cui-program-fact-sheet.html [5] https://www.archives.gov/cui/resources/cui-program-fact-sheet.html [6] https://www.archives.gov/cui/resources/cui-program-fact-sheet.html [7] https://www.archives.gov/cui/resources/cui-program-fact-sheet.html [8] https://www.archives.gov/cui/resources/cui-program-fact-sheet.html [9] https://www.archives.gov/cui/resources/cui-program-fact-sheet.html
In the context of federal business operations, Controlled Unclassified Information (CUI) is subject to limited dissemination controls to ensure its appropriate handling and sharing, often influenced by policy-and-legislation, politics, and general-news, as these controls are employed to safeguard the information and comply with relevant laws, regulations, and policies [1][4].
Furthermore, when CUI is presented to foreign entities, specific limited dissemination controls such as the "Authorized for release to certain nationals only" (REL TO [USA, LIST]) or "No foreign dissemination" (NOFORN) are implemented to ensure the information's confidentiality, integrity, or privacy, in accordance with policy-and-legislation [5][6].
