[Code of Federal Regulations]
[Title 22, Volume 1]
[Revised as of April 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 22CFR171.23]

[Page 714]
 
                       TITLE 22--FOREIGN RELATIONS
 
                     CHAPTER I--DEPARTMENT OF STATE
 
PART 171_AVAILABILITY OF INFORMATION AND RECORDS TO THE PUBLIC
--Table of Contents
 
               Subpart C_Executive Order 12958 Provisions
 
Sec. 171.23  Declassification in the public interest.

    It is presumed that information that continues to meet 
classification requirements requires continued protection. In 
exceptional cases, however, the need to protect such information may be 
outweighed by the public interest in disclosure of the information, and 
in these cases the information should be declassified. When such 
questions arise, they shall be referred to the senior Department 
official with Top Secret authority having primary jurisdiction over the 
information in question. That official, after consultation with the 
Assistant Secretary for Public Affairs, will determine whether the 
public interest in disclosure outweighs the damage to national security 
that reasonably could be expected from disclosure. If the determination 
is made that the information should be declassified and disclosed, that 
official will make such a recommendation to the Secretary or the senior 
agency official who shall make the decision on declassification and 
disclosure. This provision does not amplify or modify the substantive 
criteria or procedures for classification or create any substantive or 
procedural right subject to judicial review.