22 C.F.R. § 171.23 Declassification in the public interest.
Title 22 - Foreign Relations
It is presumed that information that continues to meet classification requirements requires continued protection. In exceptional cases, however, the need to protect such information may be outweighed by the public interest in disclosure of the information, and in these cases the information should be declassified. When such questions arise, they shall be referred to the senior Department official with Top Secret authority having primary jurisdiction over the information in question. That official, after consultation with the Assistant Secretary for Public Affairs, will determine whether the public interest in disclosure outweighs the damage to national security that reasonably could be expected from disclosure. If the determination is made that the information should be declassified and disclosed, that official will make such a recommendation to the Secretary or the senior agency official who shall make the decision on declassification and disclosure. This provision does not amplify or modify the substantive criteria or procedures for classification or create any substantive or procedural right subject to judicial review.
Title 22: Foreign Relations
PART 171—AVAILABILITY OF INFORMATION AND RECORDS TO THE PUBLIC
Subpart C—Executive Order 12958 Provisions
§ 171.23 Declassification in the public interest.
