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This designation is used by Department of Defense and a number of other federal agencies to identify information or material which, although unclassified, may not be appropriate for public release. There is no national policy governing use of the For Official Use Only designation. DoD Directive The For Official Use Only designation is also used by CIA and a number of other federal agencies, but each agency is responsible for determining how it shall be used. The categories of protected information may be quite different from one agency to another, although in every case the protected information must be covered by one of the nine categories of information that are exempt from public release under FOIA.
Some agencies use different terminology for the same types of information. In all cases the designations refer to unclassified, sensitive information that is or may be exempt from public release under the Freedom of Information Act.
If a request for the information is received, it must be reviewed to see if it meets the FOIA dual test: 1 It fits into one of the nine FOIA exemption categories, and 2 There is a legitimate government purpose served by withholding the information.
On the other hand, the absence of the FOUO or other marking does not automatically mean the information must be released in response to a FOIA request. When dealing with sensitive but unclassified information from another department or agency, check with the originator regarding appropriate handling. FOUO information may also be released to officials in other departments and agencies of the executive and judicial branches in performance of a valid government function.
FOUO documents and material transmitted outside the Department of Defense must bear an expanded marking on the face of the document so that non-DoD holders understand the status of the information. A statement similar to this one should be used: This document contains information exempt from mandatory disclosure under the FOIA. During working hours, reasonable steps should be taken to minimize risk of access by unauthorized personnel.
After working hours, FOUO may be stored as a minimum in unlocked containers, desks or cabinets if government or government-contract building security is provided. If government or government-contract building security is not provided, it must be stored at a minimum in a locked desk, file cabinet, bookcase, locked room, or similar place. FOUO documents and material may be transmitted via first class mail, parcel post, or -- for bulk shipments -- fourth class mail.
Fax or e-mail transmission of FOUO information voice, data or facsimile should be by encrypted communications systems whenever practical. FOUO information may be put on an Internet web site only if access to the site is limited to a specific target audience and the information is encrypted. FOUO documents may be destroyed by shredding or tearing into pieces and discarding the pieces in a regular trash container unless circumstances suggest a need for more careful protection.
Criminal penalties may be imposed depending on the actual content of the information privacy, export control, etc. It is not required by Regulation Regulation
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FOUO COVER SHEET PDF