Who Determines if a Document Can Be Classified or Not Released to the Public

The process of classifying and determining the release of documents is a critical aspect of national security and confidentiality. The security classification of a document is based on the potential damage its unauthorized disclosure could cause to the national security. Documents can be classified into three main levels: Confidential, Secret, and Top Secret. These levels are determined by the degree of damage that could be inflicted on national security if the information was accessed by unauthorized persons.

Classification Levels and Their Criteria

Confidential: A document is classified as Confidential if its unauthorized disclosure could reasonably be expected to cause damage to the national security. This level is typically used for information that, if disclosed, could provide an advantage to an adversary or otherwise impact the national security.

Secret: Documents classified as Secret require a higher level of scrutiny. The unauthorized disclosure of such information could reasonably be expected to cause serious damage to the national security. This level of classification is used for information that could have a significant impact on the security and interests of the nation.

Top Secret: This is the highest level of classification, reserved for documents where unauthorized disclosure could reasonably be expected to cause exceptionally grave damage to the national security. The information at this level is highly sensitive and can affect the nation's defense and internal stability.

The Assignment and Responsibilities

The classification of a document is initially determined by the Original Classification Authority (OCA). The OCA is the entity that has the authority to initiate the documentation of a classification decision. The OCA knows best about the security issues at play and the potential damage that could be caused by unauthorized access to the information. The assignment of the classification by the OCA ensures that the information is safeguarded appropriately.

Document Classification Process

There are two primary methods by which a document can become classified: original classification and derivative classification.

Original Classification

In the case of original classification, the OCA determines the classification level of a document based on the information it contains. Each OCA has specific areas of authority, and they are responsible for classifying documents within those areas. This process often involves a thorough review of the document's content to ensure it meets the criteria for the designated classification level.

Derivative Classification

Derivative classification is a more common practice where an individual or entity uses information from a previously classified document to create a new document. The individual can also follow instructions provided by the OCA through Security Classification Guides (SCGs). These guides provide detailed instructions for classifying information appropriately. Derivative classifiers, who are typically lower-level staff members, use the SCGs to determine the classification level of new or updated documents. They can also correct classification markings when editing documents.

Legal Considerations and Supreme Court Rulings

The determination of who has the authority to classify information is also addressed by legal rulings. The Navy vs. Egan case, ruled on by the Supreme Court, emphasized that the authority to classify and declassify information rests with the president. The Court stated that all authority flows from the President to specific members of the executive branch, ensuring that the classification process is consistent and secure.

Justice Blackmun, writing for the majority, further clarified that the President has the exclusive authority to classify and declassify information. This means that while the OCA and derivative classifiers have the responsibility to apply the appropriate classification, the ultimate decision-making power lies with the President.

Conclusion

The process of classifying and determining the release of documents is a complex but vital one. Understanding the criteria for classification and the roles of those involved in the process is crucial for upholding national security. The system, while not perfect, is designed to safeguard sensitive information while allowing for the proper dissemination of information that does not jeopardize national interests.