49 C.F.R. § 1520.11

Persons with a need to know

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(a) In general. A person has a need to know SSI in each of the following circumstances:

(1) When the person requires access to specific SSI to carry out transportation security activities approved, accepted, funded, recommended, or directed by DHS or DOT.

(2) When the person is in training to carry out transportation security activities approved, accepted, funded, recommended, or directed by DHS or DOT.

(3) When the information is necessary for the person to supervise or otherwise manage individuals carrying out transportation security activities approved, accepted, funded, recommended, or directed by the DHS or DOT.

(4) When the person needs the information to provide technical or legal advice to a covered person regarding transportation security requirements of Federal law.

(5) When the person needs the information to represent a covered person in connection with any judicial or administrative proceeding regarding those requirements.

(b) Federal, State, local, or tribal government employees, contractors, and grantees. (1) A Federal, State, local, or tribal government employee has a need to know SSI if access to the information is necessary for performance of the employee's official duties, on behalf or in defense of the interests of the Federal, State, local, or tribal government.

(2) A person acting in the performance of a contract with or grant from a Federal, State, local, or tribal government agency has a need to know SSI if access to the information is necessary to performance of the contract or grant.

(c) Background check. TSA or Coast Guard may make an individual's access to the SSI contingent upon satisfactory completion of a security background check or other procedures and requirements for safeguarding SSI that are satisfactory to TSA or the Coast Guard.

(d) Need to know further limited by the DHS or DOT. For some specific SSI, DHS or DOT may make a finding that only specific persons or classes of persons have a need to know.

[69 FR 28082, May 18, 2004, as amended at 70 FR 1382, Jan. 7, 2005; 73 FR 72173, Nov. 26, 2008]

Notes of Decisions

Cited in 8 cases (1 in the last 5 years), 2006–2021 · leading case: Dep't of Homeland Sec. v. MacLean, 135 S. Ct. 913 (2015).

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Dep't of Homeland Sec. v. MacLean, 135 S. Ct. 913 (2015). “), with 49 CFR § 1520.11 (c) (2013). B Robert J. MacLean became a federal air marshal for the TSA in 2001.”

In re September 11 Litig., 236 F.R.D. 164 (S.D.N.Y. 2006). · cites it 2× “TSA Final Order I at 2; see also 49 C.F.R. § 1520.11 (a). Persons without a need to know may be granted conditional access to SSI if TSA determines “that disclosure of such records or information, subject to such limitations and restrictions as TSA may prescribe, would not be…”

In Re September 11 Litig., 431 F. Supp. 2d 405 (S.D.N.Y. 2006). · cites it 2× “As I ruled in my prior Opinion and Order, attendance at depositions shall be limited to counsel in the wrongful death and personal injury cases who previously were cleared by TSA or who are entitled to read and hear SSI pursuant to applicable regulations, 49 C.F.R. § 1520.11 .…”

In re September 11 Litig., 431 F. Supp. 2d 405 (S.D.N.Y. 2006). · cites it 2× “As I ruled in my prior Opinion and Order, attendance at depositions shall be limited to counsel in the wrongful death and personal injury cases who previously were cleared by TSA or who are entitled to read and hear SSI pursuant to applicable regulations, 49 C.F.R. § 1520.11 .…”

Robert Stephens v. Kirstjen Nielsen (C.D. Cal. 2020). ““Covered persons” have an express duty to protect against the unauthorized 1 not physically or visually accessible to persons who do not have a “need to know,” as 2 defined in 49 C.F.R. § 1520.11 . When unattended, SSI must be secured in a locked 3 container or office, or other…”

Cynthia Alcala v. Kevin K. McAleenan (C.D. Cal. 2020). ““Covered persons” have an express duty to protect against the unauthorized 1 not physically or visually accessible to persons who do not have a “need to know,” as 2 defined in 49 C.F.R. § 1520.11 . When unattended, SSI must be secured in a locked 3 container or office, or other…”

Jonathan Morris v. Chad Wolf (C.D. Cal. 2020). “SSI must be safeguarded in such a way that it is 26 not physically or visually accessible to persons who do not have a “need to know,” as 27 defined in 49 C.F.R. § 1520.11 . When unattended, SSI must be secured in a locked 1 5.”

Nathaniel Hampton v. Chad Wolf (C.D. Cal. 2021). “14 SSI must be safeguarded in such a way that it is not physically or 15 visually accessible to persons who do not have a “need to know,” as defined 16 in 49 C.F.R. § 1520.11 . When unattended, SSI must be secured in a locked 17 container or office, or other restricted access…”

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