§ 5.24 - Classified information.

§ 5.24 Classified information.

In processing a request On receipt of any request involving classified information, the component will determine whether information is currently and properly classified and take appropriate action to ensure compliance with 6 CFR part 7. Whenever a request is made for access to a record that is covered by a system of records containing information that is classified under Executive Order 12958 or any other has been classified by or may be appropriate for classification by another component or agency under any applicable executive order, the originating receiving component shall review the information to determine whether it should remain classifiedwill consult the component or agency that classified the information. Whenever a record contains information that has been derivatively classified by a component or agency because it contains information classified by another component or agency, the component will consult the component or agency that classified the underlying information. Information determined to no longer require classification shall will not be withheld from a requester based on the basis of Exemption exemption (k)(1) of the Privacy Act. On receipt of any appeal involving classified information, the DHS Office of the General Counsel, or its designee, shall take appropriate action to ensure compliance with 6 CFR part 7 of this title.

[68 FR 4056, Jan. 27, 2003, as amended at 85 FR 11830, Feb. 28, 2020]