ISCAP Appeal Document 24 (2015-071)
ISCAP Appeal No. 2015-071, a case handled by the Interagency Security Classification Appeals Panel (ISCAP), has shed light on the delicate balance between government transparency and the protection of confidential sources.
The document in question, a [Statement of Views] from 1980 (Document Number 24, 3 pages long), was classified as Secret and is currently under the custodianship of the National Archives and Records Administration. The ISCAP Declassification Decision, made on Sep. 26, 2016, affirmed that the document should remain classified in its entirety, with some partial declassification due to a review of the agency's classification rationale.
Significance of ISCAP Appeal No. 2015-071:
- Focus on E.O. 13526, § 3.3(b)(9): Section 3.3(b)(9) of E.O. 13526, which deals with the classification of information that could reveal confidential source identities or information furnished by those sources, was at the heart of this appeal. The issue was whether portions of the document could properly remain classified under this exemption.
- Key Issue in the Appeal: The appeal challenged whether the information in question genuinely met the criteria for protecting sources as specified in § 3.3(b)(9).
- ISCAP’s Decision and Declassification: ISCAP carefully reviewed the agency’s classification rationale and determined that some information originally withheld under § 3.3(b)(9) did not meet the standard for protection. This led to a partial declassification of the document, reinforcing the principle that exemptions under E.O. 13526 must be narrowly construed and supported by sufficient justification.
- Broader Impact:
- Clarification of Standards: The appeal helped clarify how § 3.3(b)(9) should be applied, ensuring it is not used to over-classify information unnecessarily.
- Transparency vs. Security: It balanced the need to protect confidential sources with the public’s interest in government transparency.
- Precedential Value: The decision serves as guidance for agencies on handling classification claims involving confidential sources and confidential source information.
For further inquiries, please contact [email protected]. The Agency tracking number for the document is ISOO MDR 2014-001. The classification category for the document is E.O. 13526, § 3.3(b)(9), as 25X9.
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