OFFICIAL USE ONLY V. PRIVILEGED INFORMATION

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP75-00793R000300100014-1
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 2
• Document Creation Date: December 12, 2016
• Document Release Date: December 20, 2001
• Sequence Number: 14
• Publication Date: March 21, 1973
• Content Type: MF

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Approved For Relea 002/05/17: CIA-RDP75-007793R000 *5 01 -1 o Registry
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21 March 1973
MEMORANDUM FOR: SA/Information Control
SUBJECT : Official Use Only v. Privileged Information
1. This is in response to your memorandum of 8 March, subject
as above, and our several subsequent telephone conversations.
2. The question posed by your memorandum is whether the sub-
stitution of the term "Privileged Information -- Not To Be Released --
Exempt From Freedom of Information Act" for the term "Official Use Only",
as documents markings, would provide sufficient protection against release
of documents. The information involved is information derived from overt
sources which want to be treated as confidential sources for business reasons,
or is derived under circumstances involving copyright protection.
3. The Freedom of Information Act authorizes the Agency to decline
to release documents or information which involves "trade secrets and com-
mercial or financial information obtained from a person and privileged or
confidential". The quoted language, together with a Department of Justice
background memorandum issued at the time the statute was enacted, are
clear that information of the first category above, that is, that obtained
from overt sources which want to be treated as confidential, may be with-
held from the public. The proposed marking therefore, together with appro-
priate regulatory, language concerning the handling and treatment of documents
so marked, would seem to furnish adequate protection for that category of
information.
4. Information is not exempt from disclosure under the Freedom of
Information Act merely because of copyright features. Therefore, unless
copyrighted information falls under an exemption under the Freedom of
Information Act, such as the one quoted above, the proposed marking would
not be appropriate for documents which concern such information. However,
Approved For Release 2002/05/17 : CIA-RDP75-00793R000300100014-1
OGC 73-0483
 Approved For ReIea'02/05/17 : CIA-RDP75-00793R000QP1,QQb14-1
the stamp could be modified by deleting the last portion ("Exempt From
Freedom of Information Act"). The documents then would at least
receive the protection of the requirement that they are "Not To Be
Released".
25X1A
Associate General Counsel
Approved For Release 2002/05/17 CIA-RDP75-00793R000300100014-1