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Law 1712 of 2014 summaryContents
Thus, the right to information is key in shaping a culture of transparency of access to information and citizen participation, it is the right to actively or passively know the ideas, opinions, facts or data that occur in society and that allow forming an opinion, which is subject to various principles: Pro persona principle, universality, interdependence and indivisibility, progressivity, conforming interpretation, maximum publicity, non-discrimination, accessibility and the principle of accountability, transparency and rule of law. Law on transparency and the right of access to national public informationAccording to Article 233, the appeal for review may be filed directly, by certified mail or by electronic means, before the Institute, or before the Transparency Unit of the obligated subject that has responded to the request for access to information. For this purpose, the Transparency Unit, at the time of responding to a request for access to information, will guide the individual on his right to file a review appeal and how to do so. In the event that it is filed before the Transparency Unit, the latter shall forward the review appeal to the Institute no later than the day after having received it. When the appeal for review is filed before the Transparency Unit or by certified mail, for the computation of the filing deadlines, the date on which the appellant files it shall be taken; for the computation of the resolution deadlines, the date on which the Institute receives it shall be taken. Law 1712 of 2014The officials responsible for providing the information corresponding to the area of their competence shall provide for an adequate infrastructure, as well as the organization, systematization and publication of the information referred to in this Law. Said entities shall identify, under the responsibility of their highest representative, the official responsible for providing information requested under this Law. In the event that he/she has not been designated, the administrative and criminal responsibilities shall fall on the general secretary of the institution or whoever takes his/her place. When the legal entities referred to in the preceding paragraph are not in a position to satisfy certain requirements and requests for the use, enjoyment or installation of such services, they must inform in writing to the applicants who made the request, also in writing, about the policy, technical or economic grounds, as well as the existing limitations and their causes. They are also obliged to provide the information and offer the necessary written explanations to the users who so request, in relation to the tariff of the service applied to them. Decree 103 of 2015Classified information requires, therefore, protection against unauthorized disclosure with the formalities and requirements provided for in the aforementioned legislation, which is why it is assigned a security classification depending on the seriousness of the threat or damage that could be caused by its unauthorized disclosure. The regime for the protection of classified information has been divided into two types, depending on the scope of its origin: a) national classified information; b) international classified information. By virtue of this dual origin, this Ministry has two structures for the protection of classified information: a) the Central Service for the Protection of Classified Information (information of national scope) and b) the NATO/EU Main Sub-Registry (information of international scope). As regards the legal protection of classified information of national scope, it is set forth in Law 9/1968, of April 5, 1968, and Decree 242/1969, of February 20, 1969, which develops the provisions of Law 9/1968, of April 5, 1968. Article 9 of Decree 242/1969, of February 20, 1969, establishes the existence of the Services for the Protection of Classified Materials of the Ministerial Departments, which will be considered as Central Units in those cases in which this is required, establishing the functions to be fulfilled by the same. Relacionados§ 17.41 Access to classified information. (a) No person may be given access to classified information or material originated by, in the custody, or under the control of the Department, unless the person - (1) Has been determined to be eligible for access in accordance with sections 3.1-3.3 of Executive Order 12968; (2) Has a demonstrated need-to-know; and (3) Has signed an approved nondisclosure agreement. (b) Eligibility for access to classified information is limited to United States citizens for whom an appropriate investigation of their personal and professional history affirmatively indicated loyalty to the United States, strength of character, trustworthiness, honesty, reliability, discretion, and sound judgment, as well as freedom from conflicting allegiances and potential for coercion, and willingness and ability to abide by regulations governing the use, handling, and protection of classified information. A determination of eligibility for access to classified information is a discretionary security decision based on judgments by appropriately trained adjudicative personnel. Eligibility shall be granted only where facts and circumstances indicate access to classified information is clearly consistent with the national security interests of the United States and any doubt shall be resolved in favor of the national security. Sections 2.6 and 3.3 of Executive Order 12968 provide only limited exceptions to these requirements. (c) The Department of Justice does not discriminate on the basis of race, color, religion, sex, national origin, disability, or sexual orientation in granting access to classified information. However, the Department may investigate and consider any matter that relates to the determination of whether access is clearly consistent with the interests of national security. No negative inferences concerning the standards for access may be raised solely on the basis of the sexual orientation of the employee or mental health counseling. (d) An employee granted access to classified information may be investigated at any time to ascertain whether he or she continues to meet the requirements for access. (e) An employee granted access to classified information shall provide to the Department written consent permitting access by an authorized investigative agency, for such time as access to classified information is maintained and for a period of three years thereafter, to: (1) Financial records maintained by a financial institution as defined in 31 U.S.C. 5312(a) or by a holding company as defined in 12 U.S.C. 3401; (2) Consumer reports under the Fair Credit Reporting Act (15 U.S.C. 1681 et seq.); and (3) Records maintained by commercial entities within the United States pertaining to any travel by the employee outside the United States. (f) Information may be requested pursuant to the employee consent obtained under paragraph (e) of this section only where: (1) There are reasonable grounds to believe, based on credible information, that the employee or former employee is, or may be, disclosing classified information in an unauthorized manner to a foreign power or agent of a foreign power; (2) Information the Department deems credible indicates the employee or former employee has incurred excessive indebtedness or has acquired a level of affluence that cannot be explained by other information; or (3) Circumstances indicate that the employee or former employee had the capability and opportunity to disclose classified information that is known to have been lost or compromised to a foreign power or an agent of a foreign power. What are the requirements to access classified information?Classified information may be made available to a person only when the possessor of the information establishes that the person has a valid “need to know” and the access is essential to the accomplishment of official government duties.
In which order must documents containing classified information be marked?Each section, part, paragraph, and similar portion of a classified document shall be marked to show the highest level of classification of information it contains, or that it is unclassified.
What occurs when classified information or controlled unclassified information?Data spills are willful, negligent, or inadvertent disclosures of information. They occur when classified information or CUI is transferred or transmitted onto a system that lacks the appropriate security level or, in the case of CUI, that lacks the required protection or access controls.
Which of the following must submit their work for prepublication review?Any DoD-related material that is intended for public release or dissemination must undergo a prepublication security and policy review. This includes, but is not limited to: Manuscripts, books, theses.
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Which of the following requirements must employees meet to access classified information?
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