How Does the U.S. Government Declassify Top Secret Documents?
The United States has a classification system to protect classified documents and their sensitive information from disclosure. But when is it necessary or appropriate to declassify top secret documents? A complete understanding of the systems that are in place to ensure national security while protecting the privacy of individual citizens is essential to answering this question.
In general, documents with high classification levels are intended to remain secret, whether through compulsory or administrative means, as long as their information would put national security at risk. Yet, as time passes, the value of the information in these documents may also change. To keep up with the times, the government automatically reviews its documents every few years to determine whether declassification is necessary.
What Are Top Secret Documents?
In the United States, federal documents are classified according to how potentially damaging their information could be to the security of the nation. Documents are usually classified at one of three levels:
• Top secret: documents containing highly sensitive information that could cause “exceptionally grave damage” to national security upon its release.
• Secret: documents that could cause “serious damage” to national security upon its release.
• Confidential: documents that could cause “damage” to national security if released.
Examples of top secret documents include plans and strategies for national defense and activities in foreign countries, intelligence reports, and any communications between the President and their advisers.
Who Decides When Documents Should Be Declassified?
In the United States, executive branch organizations such as the CIA, FBI, and the Department of Defense are responsible for decisions regarding American security classification.
Although the President of the United States is legally authorized to classify and declassify documents, the President typically delegates this task to an appropriate agency for the sake of efficiency.
Furthermore, every agency also has an Information Security Oversight Office (ISOO) to manage their security decisions.
The ISOO provides guidance on compliance with the Executive Order 13526, which covers the classification, declassification and downgrading of sensitive materials. Under this order, documents and records may remain classified or can be declassified based on “systematicreview” by appropriate and authorized government officials.
How Are Documents Declassified?
When the government determines that it is appropriate to declassify top secret documents, the process follows a standard set of guidelines.
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Requestors must officially file a Freedom of Information Act (FOIA) request or Mandatory Declassification Review (MDR) request.
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If approved, the document is then subject to review by the appropriate agency.
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An interagency review team then reviews the document and determines whether it should be declassified.
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After a successful review, the requestor is notified and the document is officially released to the public.
What Types of Documents Cannot Be Declassified?
Due to the potentially damaging information that can be found in top secret documents, there are certain types of documents that cannot be declassified.
• Sensitive documents related to currently ongoing investigations or national security operations.
• Documents pertaining to intelligence sources and methods or personal information concerning individuals.
• Records related to foreign governments and international organizations.
• Documents concerning American military operations or plans.
• Nuclear, chemical and other related weapons information.
The United States government maintains a system for classifying, declassifying and downgrading top secret documents. The system is in place to protect confidential information from disclosure, allowing the government to effectively maintain the nation’s security.
Not all documents can be declassified, due to their sensitive nature related to the nation’s security. If and when declassification is deemed appropriate, an interagency review team will review the document and, upon successful completion of the review, the public may gain access to the contents of the document.