Restricted Data
Encyclopedia
Restricted Data is a category of classified information in the United States
. Specifically, it is defined by the Atomic Energy Act of 1954
as:
The concept was initially introduced, with similar wording, in the Atomic Energy Act of 1946
. The fact that its legal definition includes "all data" except that already specifically declassified has been interpreted to mean that atomic energy information in the United States is born classified, even if it was not created by any agency of the U.S. government. The authority of the DOE to implement this authority as a form of prior restraint
was only once tested in court, with inconclusive results.
Access to Restricted Data requires a Department of Energy
Q clearance
, which, , requires a single-scope background investigation
of the previous ten years of the applicant's life by both the Office of Personnel Management
and the Federal Bureau of Investigation
, and cost $3,225.
"Restricted Data" should not be confused with the classification category of "Restricted," a relatively low category of classification. "Restricted Data" is usually considered to be a Department of Energy equivalent of Top Secret
or Secret. "Restricted Data" is not an exclusive form of classification; a document can be classified as containing "Restricted Data" and also be given a classification of "Top Secret," "Secret," or "Confidential."
Formerly Restricted Data is a category also designated in the Atomic Energy Act of 1954. Despite its name, it does not mean that the information so designated are unclassified. It means that they have been downgraded specifically for the purpose of sharing amongst military agencies as "National Security Information". It is defined as "Classified information which has been removed from the Restricted Data category after DOE and the Department of Defense
have jointly determined that it relates primarily to the military utilization of atomic weapons, and can be adequately safeguarded as national security information."
Classified information in the United States
The United States government classification system is currently established under Executive Order 13526, the latest in a long series of executive orders on the topic. Issued by President Barack Obama in 2009, Executive Order 13526 replaced earlier executive orders on the topic and modified the...
. Specifically, it is defined by the Atomic Energy Act of 1954
Atomic Energy Act of 1954
The Atomic Energy Act of 1954, 42 U.S.C. § 2011 et seq., is a United States federal law that is, according to the Nuclear Regulatory Commission, "the fundamental U.S...
as:
- all data concerning (1) design, manufacture, or utilization of atomic weapons; (2) the production of special nuclear materialSpecial nuclear materialSpecial nuclear material is a term used by the Nuclear Regulatory Commission of the United States to classify fissile materials. The NRC divides special nuclear material into three main categories, according to the risk and potential for its direct use in a clandestine nuclear weapon or for its...
; or (3) the use of special nuclear material in the production of energy, but shall not include data declassified or removed from the Restricted Data category pursuant to section 142 [of the Act].
The concept was initially introduced, with similar wording, in the Atomic Energy Act of 1946
Atomic Energy Act of 1946
The Atomic Energy Act of 1946 determined how the United States federal government would control and manage the nuclear technology it had jointly developed with its wartime allies...
. The fact that its legal definition includes "all data" except that already specifically declassified has been interpreted to mean that atomic energy information in the United States is born classified, even if it was not created by any agency of the U.S. government. The authority of the DOE to implement this authority as a form of prior restraint
Prior restraint
Prior restraint or prior censorship is censorship in which certain material may not be published or communicated, rather than not prohibiting publication but making the publisher answerable for what is made known...
was only once tested in court, with inconclusive results.
Access to Restricted Data requires a Department of Energy
United States Department of Energy
The United States Department of Energy is a Cabinet-level department of the United States government concerned with the United States' policies regarding energy and safety in handling nuclear material...
Q clearance
Q clearance
Q clearance is a United States Department of Energy security clearance equivalent to a United States Department of Defense Top Secret clearance and Critical Nuclear Weapon Design Information . DOE clearances apply for access specifically relating to atomic or nuclear related materials...
, which, , requires a single-scope background investigation
Single Scope Background Investigation
A Single Scope Background Investigation is a type of United States security clearance investigation required for Top Secret, SCI and Q access, and involves agents contacting employers, coworkers and other individuals...
of the previous ten years of the applicant's life by both the Office of Personnel Management
Office of Personnel Management
The United States Office of Personnel Management is an independent agency of the United States government that manages the civil service of the federal government. The current Director is John Berry.-History:...
and the Federal Bureau of Investigation
Federal Bureau of Investigation
The Federal Bureau of Investigation is an agency of the United States Department of Justice that serves as both a federal criminal investigative body and an internal intelligence agency . The FBI has investigative jurisdiction over violations of more than 200 categories of federal crime...
, and cost $3,225.
"Restricted Data" should not be confused with the classification category of "Restricted," a relatively low category of classification. "Restricted Data" is usually considered to be a Department of Energy equivalent of Top Secret
Top Secret
Top Secret generally refers to the highest acknowledged level of classified information.Top Secret may also refer to:- Film and television :* Top Secret , a British comedy directed by Mario Zampi...
or Secret. "Restricted Data" is not an exclusive form of classification; a document can be classified as containing "Restricted Data" and also be given a classification of "Top Secret," "Secret," or "Confidential."
Formerly Restricted Data is a category also designated in the Atomic Energy Act of 1954. Despite its name, it does not mean that the information so designated are unclassified. It means that they have been downgraded specifically for the purpose of sharing amongst military agencies as "National Security Information". It is defined as "Classified information which has been removed from the Restricted Data category after DOE and the Department of Defense
United States Department of Defense
The United States Department of Defense is the U.S...
have jointly determined that it relates primarily to the military utilization of atomic weapons, and can be adequately safeguarded as national security information."