Intelligence Law Glossary - Derivative Classification


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Derivative Classification

Administrative Law

Executive Order 12958, Classified National Security Information, § 6.1(n) (1995) (superseded)

“Derivative classification” means the incorporating, paraphrasing, restating, or generating in new form information that is already classified, and marking the newly developed material consistent with the classification markings that apply to the source information. Derivative classification includes the classification of information based on classification guidance. The duplication or reproduction of existing classified information is not derivative classification.

Executive Order 13,526, Classified National Security Information, § 6.1 (o) (December 29, 2009)

For purposes of this order:
(o)  "Derivative classification" means the incorporating, paraphrasing, restating, or generating in new form information that is already classified, and marking the newly developed material consistent with the classification markings that apply to the source information.  Derivative classification includes the classification of information based on classification guidance.  The duplication or reproduction of existing classified information is not derivative classification.