§ 605.4 - Original classification.

(a) Definition. Original classification is the initial determination that certain information requires protection against unauthorized disclosure in the interest of national security (i.e., national defense or foreign relations of the United States), together with a designation of the level of classification.

(b) Classification designations—(1) Top Secret shall be applied only to information, the unauthorized disclosure of which reasonably could be expected to cause exceptionally grave damage to the national security. Examples of “exceptionally grave damage” include, but are not limited to, armed hostilities against the United States or its allies; the compromise of vital national defense plans or cryptologic and communications intelligence systems; the revelation of sensitive intelligence operations; and the disclosure of scientific or technological developments vital to national security.

(2) Secret shall be applied to information, the unauthorized disclosure of which reasonably could be expected to cause serious damage to the national security. Examples of “serious damage” include, but are not limited to, disruption of foreign relations significantly affecting the national security; significant impairment of a program or policy directly related to the national security; revelation of significant military plans or intelligence operations; and compromise of significant scientific or technological developments relating to national security.

(3) Confidential shall be applied to information, the unauthorized disclosure of which reasonably could be expected to cause damage to the national security.

(c) Classification restraints. (1) The classification level of any form of information is premised on an evaluation of its contents as a whole, as well as on its relationship to other information.

(2) In classifying information, the public's interest in access to government information must be balanced against the need to protect national security information.

(3) In case of doubt, the lower level of classification is to be used.

(d) Duration of classification. (1) Information shall be classified for as long as is required by national security considerations, subject to the limitations set forth in section 1.6 of the Executive Order. When it can be determined, a specific date or event for declassification shall be set by the original classification authority at the time the information is originally classified. If a specific date or event for declassification cannot be determined, information shall be marked for declassification 10 years from the date of the original decision, except that the original classification authority may classify for a period greater than 10 years specific information that falls within the criteria set forth in section 1.6(d) of the Executive Order.

(2) An original classification authority may extend the duration of classification or reclassify specific information for successive periods not to exceed 10 years at a time except for records that are more than 25 years old.

(3) Information classified for an indefinite duration under predecessor orders, such as “Originating Agency's Determination Required,” shall be subject to the declassification provisions of Part 3 of the Executive Order, including the provisions of section 3.4 regarding automatic declassification of records older than 25 years.