Common use of Limitations on Classification Clause in Contracts

Limitations on Classification. (1) In no case shall information be classified in order to conceal violations of law, inefficiency, or administrative error; to prevent embarrassment to a person, organization, or agency; to restrain competition; or to prevent or delay the release of information that does not re- quire protection in the interest of na- tional security. (2) Basic scientific research informa- tion not clearly related to the national security may not be classified. (3) The Chairman or other authorized original classifiers may reclassify in- formation previously declassified and disclosed if it is determined in writing that— (i) The information requires protec- tion in the interest of national secu- rity, and (ii) The information may reasonably be recovered. In making such determination, the Chairman or any other authorized original classifier shall consider the following factors: The lapse of time fol- lowing disclosure; the nature and ex- tent of disclosure; the ability to bring the fact of reclassification to the at- tention of persons to whom the infor- mation was disclosed; the ability to prevent further disclosure; and the ability to retrieve the information vol- untarily from persons not authorized access to its reclassified state. These reclassification actions shall be re- ported promptly to the Director of the Information Security Oversight Office. (4) Information may be classified or reclassified after an agency has re- ceived a request for it under the Free- dom of Information Act (5 U.S.C. 552) or the Privacy Act of 1974 (5 U.S.C. 552a), or the mandatory review provi- sions of the Order and these regula- tions, if such classification meets the requirements of the Order and is ac- complished personally and on a docu- ment-by-document basis by the Chair- man, the Vice Chairman, or the Secu- rity Officer.