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CUI Category: Legal Privilege

Banner Marking: CUI

Category Description:

 

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 “Legal Privilege” category.

 
Category Marking: PRIVILEGE
Alternative Banner Marking for Basic Authorities: CUI//PRIVILEGE
Banner Format and Marking Notes:
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Banner Format:

CUI//Category Marking//Limited Dissemination Control

 

Marking Notes:

  • The CUI Control Marking may consist of either the word “CONTROLLED” or the acronym “CUI”, depending on agency policy.
  • 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		 Banner Marking Sanctions
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  

 

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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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