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CUI Category: Legal Privilege

 

Category Description: Per 12 USC 78x: The term "privilege" includes any work-product privilege, attorney-client privilege, governmental privilege, or other privilege recognized under Federal, State, or foreign law. Per 502(g): (1) "attorney-client privilege" means the protection that applicable law provides for confidential attorney-client communications; and (2) "work-product protection" means the protection that applicable law provides for tangible material (or its intangible equivalent) prepared in anticipation of litigation or for trial.
Category Marking: PRIV
Banner Format and Marking Notes:
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Banner Format:

CUI//Category Marking//Limited Dissemination Control

 

Marking Notes:

  • Category Marking is optional when marking Basic CUI unless required by agency policy. Example: CUI//Limited Dissemination Control
  • Category Marking preceded by "SP-" is required when marking Specified CUI. Example: CUI//SP-Category Marking//Limited Dissemination Control
  • Whether CUI is Basic or Specified is determined by the applicable Safeguarding and/or Dissemination Authority for a given instance of CUI.
  • Separate multiple Category Markings by a single forward slash (/) and list Category Markings alphabetically. Example: CUI//Category Marking A/Category Marking B//Limited Dissemination Control
  • Category Markings for Specified CUI precede Category Markings for Basic CUI. Example: CUI//SP-Category Marking/Category Marking//Limited Dissemination Control
  • Separate multiple Limited Dissemination Controls by a single forward slash (/). Example: CUI//Category Marking//Limited Dissemination Control/Limited Dissemination Control
  • Reference 32 CFR 2002.20, CUI Marking Handbook, Limited Dissemination Controls and individual agency policy for additional and specific marking guidelines.

 

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Notes for Safeguarding, Dissemination and Sanction Authorities:

  • Whether CUI is Basic or Specified is determined by the applicable Safeguarding and/or Dissemination Authority for that CUI.
  • Each "Safeguarding and/or Dissemination Authority" citation links to the statute, regulation or government-wide policy authorizing the control of that information as CUI.
  • Each "Sanctions" authority links to the statute, regulation or government-wide policy that includes penalties for CUI misuse of CUI for the associated "Safeguarding and/or Dissemination Authority" on the same line.
Safeguarding and/or Dissemination Authority Basic or
Specified		 Sanctions
10 CFR 2.347(b) Basic  
16 CFR 1025.31(c)(3) Basic  
Federal Rules of Civil Procedure 26(b)(3) Basic Federal Rules of Civil Procedure 37
Federal Rules of Civil Procedure 26(b)(5) Basic Federal Rules of Civil Procedure 37
Federal Rules of Criminal Procedure 16(a)(2) Basic  
28 CFR 16.23 Basic  
76 Federal Register 34986 Basic  

 

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Authority links are updated based on regular re-publication of the United States Code and Code of Federal Regulations, and the CUI Registry maintenance schedule.

 

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