C.F.R. » Title 49 » CHAPTER XII—TRANSPORTATION SECURITY ADMINISTRATION, DEPARTMENT OF HOMELAND SECURITY › SUBCHAPTER B—SECURITY RULES FOR ALL MODES OF TRANSPORTATION › PART 1520—PROTECTION OF SENSITIVE SECURITY INFORMATION

49 C.F.R. § 1520.15

SSI disclosed by TSA or the Coast Guard

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(a) In general. Except as otherwise provided in this section, and notwithstanding the Freedom of Information Act (5 U.S.C. 552), the Privacy Act (5 U.S.C. 552a), and other laws, records containing SSI are not available for public inspection or copying, nor does TSA or the Coast Guard release such records to persons without a need to know.

(b) Disclosure under the Freedom of Information Act and the Privacy Act. If a record contains both SSI and information that is not SSI, TSA or the Coast Guard, on a proper Freedom of Information Act or Privacy Act request, may disclose the record with the SSI redacted, provided the record is not otherwise exempt from disclosure under the Freedom of Information Act or Privacy Act.

(c) Disclosures to committees of Congress and the General Accounting Office. Nothing in this part precludes TSA or the Coast Guard from disclosing SSI to a committee of Congress authorized to have the information or to the Comptroller General, or to any authorized representative of the Comptroller General.

(d) Disclosure in enforcement proceedings—(1) In general. TSA or the Coast Guard may provide SSI to a person in the context of an administrative enforcement proceeding when, in the sole discretion of TSA or the Coast Guard, as appropriate, access to the SSI is necessary for the person to prepare a response to allegations contained in a legal enforcement action document issued by TSA or the Coast Guard.

(2) Security background check. Prior to providing SSI to a person under paragraph (d)(1) of this section, TSA or the Coast Guard may require the individual or, in the case of an entity, the individuals representing the entity, and their counsel, to undergo and satisfy, in the judgment of TSA or the Coast Guard, a security background check.

(e) Other conditional disclosure. TSA may authorize a conditional disclosure of specific records or information that constitute SSI upon the written determination by TSA that disclosure of such records or information, subject to such limitations and restrictions as TSA may prescribe, would not be detrimental to transportation security.

(f) Obligation to protect information. When an individual receives SSI pursuant to paragraph (d) or (e) of this section that individual becomes a covered person under § 1520.7 and is subject to the obligations of a covered person under this part.

(g) No release under FOIA. When TSA discloses SSI pursuant to paragraphs (b) through (e) of this section, TSA makes the disclosure for the sole purpose described in that paragraph. Such disclosure is not a public release of information under the Freedom of Information Act.

(h) Disclosure of Critical Infrastructure Information. Disclosure of information that is both SSI and has been designated as critical infrastructure information under section 214 of the Homeland Security Act is governed solely by the requirements of section 214 and any implementing regulations.

Notes of Decisions
Cited in 6 cases, 2006–2018 · leading case: Skurow v. U.S. Dep't of Homeland Sec., 892 F. Supp. 2d 319 (D.D.C. 2012).
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Skurow v. U.S. Dep't of Homeland Sec., 892 F. Supp. 2d 319 (D.D.C. 2012). · cites it 3× “§ 114 (r) and its implementing regulation at 49 C.F.R. § 1520.15 (a), Federal Watch Lists constitute Sensitive Security Information (“SSI”) that is exempted from disclosure.”
SAI v. Transp. Sec. Admin., 315 F. Supp. 3d 218 (D.C. Cir. 2018). “" 49 C.F.R. § 1520.15 (a). Sai does not dispute that properly designated SSI is exempt from disclosure under both FOIA and the Privacy Act and, instead, argues that the TSA acted "without authority" in designating certain records as SSI.”
In re September 11 Litig., 236 F.R.D. 164 (S.D.N.Y. 2006). “” 49 C.F.R. § 1520.15 (e). However, in the wake of September 11, “it has been the consistent policy of TSA that the present and continuing threat of terrorist attacks against aviation interests requires that the number of persons having access to SSI be significantly and…”
Off. of the People's Couns. v. Pub. Serv. Comm'n, 21 A.3d 985 (D.C. 2011). “400 (2007) (Department of Homeland Security regulation restricting access to "Chemical-terrorism Vulnerability Information (CVI)” to individuals who have a "need to know,” and providing that the Department "may make an individual's access to the CVI contingent upon satisfactory…”
Sai v. Transp. Sec. Admin. (D.D.C. 2018). “” 49 C.F.R. § 1520.15 (a). Sai does not dispute that properly designated SSI is exempt from disclosure under both FOIA and the Privacy Act and, instead, argues that the TSA acted “without authority” in designating certain records as SSI.”
Sai v. Transp. Sec. Admin. (D.D.C. 2018). “” 49 C.F.R. § 1520.15 (a). Sai does not dispute that properly designated SSI is exempt from disclosure under both FOIA and the Privacy Act and, instead, argues that the TSA acted “without authority” in designating certain records as SSI.”
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