Info does not have to be marked classified to be deemed classified:
Question #3- How can I identify Classified National Security Information?
There are three basic tests which you can apply to determine whether a document contains classified information:
- The information should concern the national security of the U.S. government. If the document was created by a private organization or a state government agency, it may contain classified national security information only if the organization or agency was serving as an agent of the Federal Government. Defense contractors and research laboratories are obvious examples. Also, the information should not concern personal, private, or purely political issues. Over the decades many documents have been stamped “Confidential” not because they would damage national security if released, but to indicate some other type of sensitivity. When in doubt, though, consider the document as classified.
- There should be a classification marking on the top and bottom of every page of the document. Very old documents may have the markings only on the top of the first page. In more recent documents, individual paragraphs may also be marked with markings like “(S)” for Secret or “(C)” for Confidential.
- The document should not be marked as declassified. A declassification marking should look like an official stamp that indicates the name and office of the person who authorized the declassification action. A copy of a declassified document from the National Archives and Records Administration should include a marking that includes a project number starting with “NND” or “NW.”
While these are the primary means of identifying classified information, those who suspect they have classified materials in their collections should also be careful to examine documents for:
- “Restricted Data” and “Formerly Restricted Data” markings. These designations refer to categories of classified information concerning nuclear weapons design and utilization. Despite the misleading nature of the phrase “Formerly Restricted Data,” documents with this marking remain sensitive and must be protected.
- Unmarked Classified National Security Information. Records of national security officials should be reviewed and handled carefully, as the classification marking requirements were not always executed on informal records such as handwritten notes. In all cases, it is the sensitivity of the information that determines classification. An unmarked, handwritten page can just as easily contain classified national security information as a document containing classification markings. When in doubt, treat handwritten notes concerning intelligence, military, diplomatic, or emergency planning matters as classified national security information.