CUI Category: Legal Privilege
Banner Marking: CUI
Per 15 USC 78x(f)(4): 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.
Note: There are three limited dissemination control markings that can be used with this category; Attorney Work Product (AWP), Attorney Client Privilege (AC), and Deliberative Process Privilege (DELIB). These limited dissemination control markings may be used to help identify the type of privilege in the document and limit the dissemination of that information so as to preserve that privilege. These limited dissemination control markings (AWP, AC, DELIB) may only be used on information protected under the CUI ‚ÄúLegal Privilege‚ÄĚ category.
|Alternative Banner Marking for Basic Authorities:||CUI//PRIVILEGE|
|Banner Format and Marking Notes:||
CUI//Category Marking//Limited Dissemination Control
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
|10 CFR 2.347(b)||Basic||CUI|
|16 CFR 1025.31(c)(3)||Basic||CUI|
|Federal Rules of Civil Procedure 26(b)(3)||Basic||CUI||Federal Rules of Civil Procedure 37|
|Federal Rules of Civil Procedure 26(b)(5)||Basic||CUI||Federal Rules of Civil Procedure 37|
|Federal Rules of Criminal Procedure 16(a)(2)||Basic||CUI|
|28 CFR 16.23||Basic||CUI|
|76 Federal Register 34986||Basic||CUI|
|26 USC 7525||Basic||CUI|
|Federal Rules of Evidence Rules 501 and 502(g)||Basic||CUI|
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.