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The Protection of Classified Information: The Legal Framework

Nathan M. Brooks

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Abstract

Classification authority has generally rested with the Executive Branch, although Congress has enacted legislation regarding the protection of certain sensitive information. It is not clear, however, how much -- if any -- authority the Legislative Branch has to constrain the Executive Branch's power in this area. This report provides an overview of the relationship between Executive and Legislative authority over national security information, and summarizes the current laws and regulations that form the legal framework protecting classified information.

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What this paper is about

Classification authority has generally rested with the Executive Branch, although Congress has enacted legislation regarding the protection of certain sensitive information. It is not clear, however, how much -- if any -- authority the Legislative Branch has to constrain the Executive Branch's power in this area. This report provides an overview of the relationship between Executive and Legislative authority over national security information, and summarizes the current laws and regulations that form the legal framework protecting classified information.

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OpenAlex reports 3 citations for this work. Citation counts describe recorded attention and do not establish research quality.

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Available abstract

Classification authority has generally rested with the Executive Branch, although Congress has enacted legislation regarding the protection of certain sensitive information. It is not clear, however, how much -- if any -- authority the Legislative Branch has to constrain the Executive Branch's power in this area. This report provides an overview of the relationship between Executive and Legislative authority over national security information, and summarizes the current laws and regulations that form the legal framework protecting classified information.

Key concepts: Executive branch, Legislature, Legislation, Political science, Data Protection Act 1998, Law, Executive order, Business

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