(a) Duty to protect information. A covered person must—
(1) Take reasonable steps to safeguard SSI in that person's possession or control from unauthorized disclosure. When a person is not in physical possession of SSI, the person must store it a secure container, such as a locked desk or file cabinet or in a locked room.
(2) Disclose, or otherwise provide access to, SSI only to covered persons who have a need to know, unless otherwise authorized in writing by TSA, the Coast Guard, or the Secretary of DOT.
(3) Refer requests by other persons for SSI to TSA or the applicable component or agency within DOT or DHS.
(4) Mark SSI as specified in § 1520.13.
(5) Dispose of SSI as specified in § 1520.19.
(b) Unmarked SSI. If a covered person receives a record containing SSI that is not marked as specified in § 1520.13, the covered person must—
(1) Mark the record as specified in § 1520.13; and
(2) Inform the sender of the record that the record must be marked as specified in § 1520.13.
(c) Duty to report unauthorized disclosure. When a covered person becomes aware that SSI has been released to unauthorized persons, the covered person must promptly inform TSA or the applicable DOT or DHS component or agency.
(d) Additional Requirements for Critical Infrastructure Information. In the case of information that is both SSI and has been designated as critical infrastructure information under section 214 of the Homeland Security Act, any covered person who is a Federal employee in possession of such information must comply with the disclosure restrictions and other requirements applicable to such information under section 214 and any implementing regulations.
Notes of Decisions
Cited in
11
cases (
3 in the last 5 years), 2006–2025 · leading case:
SAI v. Transp. Sec. Admin., 315 F. Supp. 3d 218 (D.C. Cir. 2018).
SAI v. Transp. Sec. Admin., 315 F. Supp. 3d 218 (D.C. Cir. 2018).
“" 49 C.F.R. § 1520.9 (a)(2). Moreover, and of particular relevance here, the governing regulations specify that, "notwithstanding the Freedom of Information Act, ( 5 U.”
In re September 11 Litig., 236 F.R.D. 164 (S.D.N.Y. 2006).
· cites it 3× “” 49 C.F.R. § 1520.9 . Violation of the obligation to protect SSI against unauthorized disclosure “is grounds for a civil penalty or other enforcement or corrective action by [Department of Homeland Security].”
Cerqueira v. Am. Airlines, Inc., 484 F. Supp. 2d 232 (D. Mass. 2007).
· cites it 2× “American opposed the motion on the ground that it could not disclose that information due to its potential status as *235 sensitive source information pursuant to 49 C.F.R. § 1520.9 . Def.’s Opp’n to Pl.’s Sixth Mot.”
Naris v. Hamilton, 2022 NY Slip Op 00049 (N.Y. App. Div. 2022).
· cites it 2× “5[b]), federal law prohibits Lufthansa from disclosing it without authorization from the relevant federal agency ( see 49 CFR 1520.9[a]), subject to certain exceptions not relevant here.”
Sai v. Transp. Sec. Admin. (D.D.C. 2018).
“” 49 C.F.R. § 1520.9 (a)(2). Moreover, and of particular relevance here, the governing regulations specify that, “notwithstanding the Freedom of Information Act, ( 5 U.”
Hillier v. Cent. Intelligence Agency (D.D.C. 2018).
“Citing 49 C.F.R. §§ 1520.9 (a)(2) and 1520.15(a), the Privacy Office stated that “[r]ecords containing SSI are not available for public inspection or copying, nor can they be released to anyone who does not have an official need to know.”
Anas Elhady v. David Pekoske (6th Cir. 2020).
“§ 114 (r) and 49 C.F.R. § 1520.9 for review to determine whether the documents constitute SSI.”
Jonathan Morris v. Chad Wolf (C.D. Cal. 2020).
“49 C.F.R. § 1520.9 . 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.”
Nathaniel Hampton v. Chad Wolf (C.D. Cal. 2021).
“49 C.F.R. § 1520.9 . 17 3.3. Discovery Material: material encompassed in this Protective Order that 18 includes, without limitation, deposition testimony, deposition exhibits, 19 interrogatory responses, admissions, affidavits, declarations, documents 20 produced pursuant to…”
— 49 C.F.R. § 1520.9(a) — 1 case
Naris v. Hamilton, 2022 NY Slip Op 00049 (N.Y. App. Div. 2022).
“5[b]), federal law prohibits Lufthansa from disclosing it without authorization from the relevant federal agency ( see 49 CFR 1520.9[a]), subject to certain exceptions not relevant here.”
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