CUI (Controlled Unclassified Information)

What is CUI (Controlled Unclassified Information)?

Controlled Unclassified Information (CUI) is sensitive government information that, while not classified, still requires protection from unauthorized access, use, disclosure, or destruction. This safeguarding is necessary to protect national interests and individual privacy. Government contractors who handle CUI must adhere to specific security requirements to ensure its confidentiality, integrity, and availability.

Definition

CUI is defined by the National Archives and Records Administration (NARA) in 32 CFR Part 2002, which standardizes how the Executive branch handles unclassified information requiring safeguarding. This regulation establishes categories and subcategories of CUI, along with marking, handling, and dissemination rules. The CUI program aims to create a consistent and government-wide approach to managing this information, replacing the previously fragmented system of sensitive but unclassified (SBU) information.

CUI matters to government contractors because many contracts involve handling such information. Failure to properly protect CUI can lead to significant penalties, including contract termination, fines, and reputational damage. Contractors must implement appropriate security controls, as outlined in NIST Special Publication 800-171, to safeguard CUI throughout its lifecycle – from creation and storage to transmission and destruction.

Key Points

• CUI Registry: The CUI Registry provides a comprehensive list of all CUI categories and subcategories. Contractors should consult the registry to determine if the information they are handling is CUI and what specific safeguarding requirements apply.
• NIST SP 800-171: This NIST publication specifies the security requirements for protecting CUI in nonfederal information systems and organizations. Contractors must implement these controls to be compliant with contractual obligations and regulations.
• Marking Requirements: CUI must be properly marked to indicate its sensitive nature and required protection level. Proper marking helps ensure that individuals handling the information are aware of its CUI status.
• Dissemination Controls: Specific rules govern the dissemination of CUI. Contractors must ensure that CUI is only shared with authorized individuals and organizations who have a legitimate need to know and have agreed to protect the information.

Practical Examples

1. Healthcare Contractor: A healthcare contractor supporting the Department of Veterans Affairs might handle Protected Health Information (PHI), a type of CUI. They must implement security controls to protect this PHI from unauthorized access, such as encryption and access controls.
2. IT Services Provider: An IT services provider managing a government agency's network may encounter CUI related to critical infrastructure or cybersecurity vulnerabilities. They must ensure their systems are secured according to NIST SP 800-171 to prevent breaches and protect this sensitive information.
3. Research and Development Firm: A firm conducting research for the Department of Defense might handle controlled technical information, another type of CUI. They need to implement measures to prevent unauthorized disclosure of this information to foreign entities, such as limiting access to certain personnel and securing data storage locations.