Protection of Security-Related Information

Publication Date: September 2006

Publisher: Library of Congress. Congressional Research Service

Author(s):

Research Area: Media, telecommunications, and information

Type:

Abstract:

The terrorist attacks of September 11 prompted a reevaluation of how to balance public access to information with the need for safety and security. The accumulation of confidential business information from owners and operators of the nation's critical infrastructures, 85% of which is reportedly owned by the private sector, continues to be an important component of homeland security efforts. Critical infrastructure sectors have been defined to include information technology; telecommunications; chemicals; transportation systems; including mass transit, aviation, maritime, ground/surface, and rail and pipeline systems; emergency services; postal and shipping; agriculture and food; public health and healthcare; drinking water and water treatment systems; energy, including oil and gas and electric power; banking and finance; the defense industrial base; and national monuments and icons.

The Freedom of Information Act of 1974 (FOIA) along with other statutes and regulations provide legal authorities for the protection of various types of security-related information. Nevertheless, some owners and operators are hesitant to voluntarily share security-related information with the government because of the possible disclosure of this information to the public. To prohibit public disclosure of security-related information under the Freedom of Information Act and other laws, Congress has drafted and passed legislation designed to remove legal obstacles to information sharing. The Aviation and Transportation Security Act of 2001 (ATSA); the Critical Infrastructure Information Act of 2002 in section 214 of the Homeland Security Act; the Maritime Transportation Security Act of 2002 (MTSA); and the Safe Drinking Water Act (SDWA), as amended by the Public Health Security and Bioterrorism Preparedness and Response Act of 2002, each exempt certain types of security-related information from disclosure under the Freedom of Information Act. These statutes are examples of what are referred to as FOIA exemption 3 statutes; separate federal statutes prohibiting the disclosure of a certain type of information and authorizing its withholding under FOIA subsection (b)(3).

This report describes the current state of the law with regard to the protection of security-related information.