Leak of Informant Identity within CUI Setting
In a recent release of information, a table has shed light on the regulatory framework surrounding the protection of sensitive data provided by whistleblowers. The category in question falls under the broader umbrella of Confidentiality, Integrity, and Availability (CUI), although it is not explicitly mentioned in the table itself.
The category is marked as WHSTL, and the banner marking for specified authorities is CUI//SP-WHSTL. On the other hand, basic authorities use the standard CUI banner. Notably, the identity of individuals providing information or the identity of a whistleblower is not disclosed in the table, and it could reasonably be expected that such information might be revealed from the data.
The core technical authority for Controlled Unclassified Information (CUI) management and protection rests with NIST Special Publication 800-171 (Rev. 2). This document outlines cybersecurity requirements specifically for protecting CUI, detailing 110 security controls in 14 families such as Access Control, Awareness and Training, and Audit and Accountability. It is a foundational framework endorsed for compliance by non-federal organizations handling CUI.
Executive Orders and DoD Instructions, such as Executive Order 13960, Executive Order 14179, and DoD Instruction 5400.19 (2025), also provide crucial guidance for CUI management. Other related directives and guidance, including National Archives and Records Administration Bulletin 2015-04 on metadata guidance for electronic records, Office of Management and Budget Circular A-130 on managing information resources, and various OMB memoranda on innovation and governance, further supplement the regulatory context for CUI management and protection.
Interestingly, the table does not specify sanctions for the specified authorities under 26 USC 6103(a) and 6103(h), nor do the sanctions for the basic authorities appear in the table. However, the table does provide information about the Safeguarding and/or Dissemination Authorities, their categorization as Basic or Specified, the corresponding banner marking, and the absence of sanctions information.
For instance, the Safeguarding and/or Dissemination Authority under 7 USC 26(h)(2) is marked as Basic and uses the CUI banner, while the authority under 26 USC 6103(h) is also marked as Specified and uses the CUI//SP-WHSTL banner. Similarly, the Safeguarding and/or Dissemination Authority under 10 CFR 21.2(d) is marked as Basic and uses the CUI banner.
It is worth noting that the information pertains to individuals providing details about a legal violation or illicit or unsafe activity. The identity of such individuals is classified under the category "Identity of anyone providing information relating to a legal violation..."
This new information provides valuable insight into the regulatory framework surrounding the protection of whistleblower information and underscores the importance of maintaining the confidentiality, integrity, and availability of such sensitive data.
- In light of the discussed table and regulatory framework, it's crucial to consider that the health and wellness of whistleblowers could be affected if their medical conditions were to be revealed from the sensitive data they provide.
- As the protection of whistleblower data falls under the Confidentiality, Integrity, and Availability (CUI) umbrella, it's significant to apply science and health-and-wellness research to develop strategies that ensure the privacy and security of these individuals, especially considering the potential vulnerabilities and risks they face.
