[Code of Federal Regulations]

[Title 22, Volume 1]

[Revised as of April 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 22CFR171.23]



[Page 759]

 

                       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.