Author Archives: patrickviscuso

CUI and re-marking legacy Information

Agencies can waive the requirement to re-mark legacy information with the new CUI markings while the CUI is in their control.  The CUI Program does not require the agencies to re-mark unless reusing and sharing the information with others outside … Continue reading

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The CUI Program and budget considerations

Under the FOUO (For Official Use Only) system (and multiple other protection schemes), agencies are already spending money on protecting the same (or even a greater) range of unclassified information as identified in the CUI Registry.  This includes marking, safeguarding … Continue reading

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The CUI Registry and agency employees

Employees that handle CUI in the course of doing agency business are not expected to go directly to and interpret the laws, Federal regulations, and Government-wide policies to determine what unclassified information is controlled, nor will they be responsible for … Continue reading

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The CUI Registry and reform

The CUI Registry is a listing of the categories/subcategories of CUI that are required (or permitted) to be protected by law, Federal regulation, and Government-wide policy.  While the Registry was compiled through agency submissions, the entirety of those submissions were … Continue reading

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Will the CUI Program cause an expansion of the use of Exemption 3 of the Freedom of Information Act (FOIA)?

The full implementation of CUI is unlikely to cause an expansion of the use of Exemption 3 statutes by agencies, and in fact is more likely to produce the opposite effect by prohibiting agencies from marking and controlling information unless … Continue reading

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