CUI vs. Classified Information: What’s the Difference?

Upon first impression, distinguishing Controlled Unclassified Information (CUI) from Classified Information is straightforward. For example, part 2002 of the Code of Federal Regulations defines CUI as “[i]nformation that is not classified, but is sensitive and requires safeguarding and dissemination controls pursuant to and consistent with law, regulations, and government-wide policies.” But of course, that CFR definition may tell us everything we need to know about CUI yet explains nothing about Classified Information.

It is more practical, however, to understand that CUI refers to information controlled by the federal government or other entities. And that it is subject to specific safeguarding and dissemination requirements. As the importance and sensitivity of them do not cause it to rise to the level of being Classified Information. Of course, the distinction can be driven by the labeling of the information.

Classified Information

The more sensitive Classified Information is typically designated by different levels of sensitivity. These are referred to as security classifications. They govern the handling and disclosure requirements for the Information. For example, the three most common security groups for Classified Information in the United States are Confidential, Secret, and Top Secret.

Each classification level, whether for CUI or Classified Information, requires different levels of protection and access controls.  There exist specific status restrictions on individuals granted access to CUI.  By contrast, individuals granted access to Classified Information must undergo particular security clearance procedures.

Controlled Unclassified Information (CUI)

Examples of CUI can include information related to national security, law enforcement, export control, and financial/banking information. As well as Personally Identifiable Information (PII) such as social security numbers and medical records. Typical examples of Classified Information include Information related to military operations, intelligence activities, diplomatic negotiations, and sensitive government programs.

CUI is governed by specific laws, regulations, and policies. Such as those outlined in NIST SPs 800-53, 800-171, and 800-172, that outline how CUI should be protected, accessed, and shared. These laws and policies include such guidelines as marking and handling requirements, individual training and awareness programs, audit and recordkeeping, and access and collaboration restrictions. All are to ensure that individuals who handle CUI are aware of their responsibilities and obligations to protect it. When those obligations are met, compliance will be demonstrated.

As we will discuss in another blog posting, sophisticated commercial storage and collaboration solutions are available. The RegDOX® Secure Data Room Solution and the RegDOX® Compliant Cloud Environment are invaluable in meeting the storage and handling requirements for CUI.  By contrast, the networking choices mandated by the U.S. government for Classified Information come down to using its own computer networks.

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