Sensitive security information
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In the aftermath of the terrorist attacks of September 11, 2001, the United States Transportation Security Administration (TSA) was created to take responsibility for the security of all modes of public transportation. Included in the responsibilities of this new agency was the authority to designate information as Sensitive Security Information (SSI). Originally housed in the Department of Transportation, TSA was transferred to the Department of Homeland Security (DHS) as a result of the Homeland Security Act of 2002.
According to TSA officials, SSI designated information is created by TSA and by airports, aircraft operators, and other regulated parties when they are establishing or implementing security programs or documentation to address security requirements. Information that is designated SSI can be shared with those who have a need to know in order to participate in or oversee the protection of the nation’s transportation system. Those with a need to know can include persons outside of TSA, such as airport operators, aircraft operators, foreign vessel owners, and other persons. SSI cannot be shared with the general public, and it is exempt from disclosure under the Freedom of Information Act (FOIA).
There are 16 categories of SSI. TSA has distinguished these 16 categories into 3 types of SSI. Four categories are termed “categorical” and automatically designated SSI. Eleven categories require a judgment or analysis to determine if the SSI designation is warranted. One category requires a written determination by an office with determination authority to be deemed SSI. This category is “other information,” which is a catchall exemption for information that TSA may wish to designate SSI that does not fit into the other 15 categories.
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In general. In accordance with title 49 of the United States Code (U.S.C.) 114(s), Sensitive Security Information (SSI) [1] is information obtained or developed in the conduct of security activities, including research and development, the disclosure of which the U.S. Transportation Security Administration (TSA) has determined would constitute an unwarranted invasion of privacy (including, but not limited to, information contained in any personnel, medical, or similar file); reveal trade secrets or privileged or confidential information obtained from any person; or be detrimental to the security of transportation[2].
[edit] Information Constituting Sensitive Security Information
Except as otherwise provided in writing by TSA in the interest of public safety or in furtherance of transportation security, the following information, and records containing such information, constitute SSI: Security programs and contingency plans. Any security program or security contingency plan issued, established, required, received, or approved by DOT or DHS, including any aircraft operator, airport operator, or fixed base operator security program, or security contingency plan under this chapter; any vessel, maritime facility, or port area security plan required or directed under Federal law any national or area security plan prepared under 46 U.S.C. 70103; and any security incident response plan established under 46 U.S.C. 70104.
Security Directives. Any Security Directive or order issued by TSA under Title 49 Code of Federal Regulations (CFR) of sections 1542.303, 1544.305, or other authority; issued by the Coast Guard under the Maritime Transportation Security Act, 33 CFR part 6, or 33 U.S.C. 1221 et seq. related to maritime security; any comments, instructions, and implementing guidance pertaining thereto.
