6 C.F.R. § 29.3

FOIA exemptions and restrictions on use of PCII

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(a) Freedom of Information Act disclosure exemptions. Information that is separately exempt from public disclosure under the Freedom of Information Act (5 U.S.C. 552) or applicable State, or Local law does not lose its separate exemption from public disclosure due to the applicability of these procedures or any failure to follow them.

(b) Restriction on use of PCII by regulatory agencies and other Federal, State, and Local agencies. A Federal, State, or Local government agency that receives PCII may utilize the PCII only for purposes appropriate under the CII Act, including securing critical infrastructure or protected systems. Such PCII may not be utilized for any other collateral regulatory purposes without the written consent of the PCII Program Manager and of the submitting person or entity. The PCII Program Manager or the PCII Program Manager's Designee will not share PCII with Federal, State, or Local government agencies without instituting appropriate measures to ensure that PCII is used only for appropriate purposes.

Notes of Decisions

Cited in 1 case, 2009–2009 · leading case: Cnty. of Santa Clara v. Superior Court of Santa Clara Cnty., 37 Media L. Rep. (BNA) 1331 (Cal. Ct. App. 2009).

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Cnty. of Santa Clara v. Superior Court of Santa Clara Cnty., 37 Media L. Rep. (BNA) 1331 (Cal. Ct. App. 2009). “” ( 6 C.F.R. § 29.3 (b) (2009).) If the GIS basemap constitutes PCII in the County’s hands, as it maintains, then federal law strictly restricts use of that data to the narrow purposes enumerated in the CII Act.”

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