LETTER TO MICHAEL T. BLOUIN, GSA FROM(Sanitized)

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP85B00236R000200070021-3
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 3
• Document Creation Date: December 12, 2016
• Document Release Date: October 11, 2001
• Sequence Number: 21
• Publication Date: August 8, 1979
• Content Type: LETTER

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C Nl AL INTELLIGENCE AGENC` ~Q 1j" Auw
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WASHINGTON. D.C. 20505 ~1d&/" 64 0-54474 444
OGC 79-07298
8 August 1979
STATINTL
Michael T. Blouin
Director, Information Security
Oversight Office
General Services Administration
Washington, D.C. 20405
Dear Mike:
OGC Has Reviewed
This is a brief response to your comments regarding
this Agency's implementation of the "balancing test" pro-
visions of Executive Order 12065.
The balancing test involves fairly complex legal and
policy issues that have been addressed several times during
the course of recent FOIA litigation and that have consumed
a considerable amount of time for all of us over the past
year. As you know, I have discussed this subject with
after reviewing our regulation
if you nave any other questions or comments.
Please do not hesitate to contact me however, ISTATINT
Because of our apparently differing views on the scope
of this balancing test, however, I have discussed the
matter with the CIA General Counsel, Daniel B. Silver,
who agrees that it would be useful for us to meet with
him to discuss your concerns.
Accordingly, I'd appreciate hearing from you to
arrange a meeting with Dan Silver if you are interested
ana your suggestions. owever, I am unpersuaded that an
ai~tndment to our regulations along the lines you have
suggested is either required or advisable at this time.
OGC:WGJ:njp orrice GT General Counsel
Distribution:
Orig - Addressee
1 - OGC Subj: Security E.O. 12065
1 - Chrono
STATINTL
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204
STATINTL
STATINTL
$ 0 APR 1,979
Assistant for Information, DDA
Central Intelligence Agency
Washington, DC 20505
Dear
T Y
STATINTL We have reviewed HR the issuances which imple-
ment Executive Order 12065. It is evident that much work went
into their preparation and we are pleased with the result.
STATINTL
There are some points in HHB that we believe should be changed
in order to make it consistent with the provisions of the Order
and its implementing Directive. Most of the recommended changes
are relatively minor. We are, however articularly concerned
that the changes recommended in items 1 20 and 21 of Enclosure 2
be undertaken immediately.
Please inform us of your actions in response to our recommendations.
MICHAEL T. BLOUIN
Director
Information Security
Oversight Office
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ITEM
18
PAGE . PARR/SECTION . LINE COMMENT
23 13c (2)
it does not provide for consideration where the matter
concerns public interest in foreign relations or national
defense matters. The scope of condition (2) must be
STATINTL
and national defense matters having a profound impact on" )m
the public interest."
19
origination f formation may be assigned dates for automatic
20
downgradin and that such downgrading is effective on the
date sti lated without recourse to the originator.
Reco d rewording along these lines.
21
24. 13f (1)
25 15a (2)
applying the balancing test, is too narrow in scope, i.e.,
This condition, under which the Agency proposes to consider
expanded. We recommend that (2) be changed along these
lines: "Preclude public knowledge of foreign relations
We do not understand the statement that classified
information may be automatically assigned a lower level
of classificatio an that originally assigned thereto.
We believe the ntent is to say that at the time of
J11 )'r L.,1,.,- # ,kw c 'SA., evA-47 - bur
r~ tI
We question the oro riety of CIA re i declass if' lo
, i ,_f material on mat, ou A even if it refers to 4101
. A% u...6(`TA artivitiac PprnmmPnd that. as a minimum. a statement ..b~tX.
De inciuaeo tnac Dasea on .,iH review a recumneisua6iuii izo
y t ru^? made to the agency of origin.
ego b , s rt(*
p iAs 0 S We Question the propriety (and ability) of CIA to review
ttJ
Services Administration), particularly if the material is
of non-CIA origin.. Recommend this be clarified.
25 15b 6 & 7 Standard Form 325 is in the process of being cancelled.
There are no plans for replacement. Suggest an agency
form or format.
25 15c 3 In order to give an option for declassification at the end
of the first ten-year period, the line should be changed
to read "... review shall be set for declassification or
the next review thereof."
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