Controlled Unclassified Information (CUI)

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 two limited dissemination control markings that can be used with this category; Attorney Work Product (AWP), Attorney Client Privilege (AC). 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) may only be used on information protected under the CUI “Legal Privilege” category.

Category Marking: PRIVILEGE
Alternative Banner Marking for Basic Authorities: CUI//PRIVILEGE

How to Locate the Source Documents for CUI Authorities  

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  
18 CFR 385 Basic CUI  
18 CFR 3c.2 Basic CUI  

18 CFR 388.112(a)

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.

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