Guide for Mapping Types of Information and Information Systems to Security Categories, Volume 2: Appendices
APPENDIX D: IMPACT DETERMINATION FOR MISSION-BASED > D.17 Litigation and Judicial Activities > D.17.2

D.17.2 Legal Defense Information Type Legal defense refers to the representation of a defendant in a criminal/civil court of law in an attempt to provide constitutional guarantees to legal representation. The sensitivity of much legal information is highly lifecycle-dependent. From a confidentiality perspective, most information associated with litigation and judicial activities is in the public record after the information has been presented in court. The recommended provisional security categorization for the legal defense information type is as follows: Security Category = {(confidentiality, Moderate), (integrity, High), (availability, Low)} The confidentiality impact level is the effect of unauthorized disclosure of legal defense information on the representation of a defendant in a criminal/civil court of law and on the ability of the government to provide constitutional guarantees to legal representation. Dissemination of legal defense information is governed by privacy laws and by Rules of Criminal Procedure, Rules of Civil Procedure, and other laws governing adversarial legal proceedings. While much information associated with legal defense is public, some information is sealed by the court or is otherwise protected from disclosure. Violation of rules regarding unauthorized disclosure is punishable by law, disbarment, fine, and/or imprisonment. Generally, the unauthorized disclosure of legal defense information will have only a limited adverse effect on agency operations, assets, or individuals. Where unauthorized disclosure of information might have a serious adverse effect on legal defense, there is a presumption of a miscarriage of justice. If an unauthorized disclosure is discovered, the legal proceeding may be jeopardized (e.g., a mistrial may be declared). The cost to the government and others in terms of finance, time, and disruption to normal operations can be severe. If suspicion is raised concerning government complicity or negligence, serious loss of public confidence in government agencies or the legal process may result. Special Factors Affecting Confidentiality Impact Determination: Where the life of a victim, witness, or informant may be endangered by disclosure, the confidentiality impact will be high. Also, where the consequences of a miscarriage of justice are likely to endanger public safety (e.g., release of a terrorist or other murderer), the confidentiality impact will be high. Recommended Confidentiality Impact Level: Given legal consequences of unauthorized disclosure, the provisional confidentiality impact level recommended for legal defense information is moderate. not on the time required to detect the modification or destruction of information. Legal defense activities are not typically time-critical. In most cases, unauthorized modification or destruction of legal defense information will have only a limited adverse effect on government operations, government assets, or individuals. Special Factors Affecting Integrity Impact Determination: For legal defense information, when evidence or other defense information has been compromised the legal proceedings can be jeopardized. As a consequence, the cost to the government and other entities in terms of finance, time, and disruption to normal operations may be severe. If suspicion is raised concerning government complicity or negligence, serious loss of public confidence in government agencies or the legal process may result. In this case, the integrity impact level will be moderate. When the modification or destruction of legal defense information endangers public safety (e.g., release of a terrorist or other murderer), the integrity impact will be high. Even if public safety is not endangered, the modification or destruction of legal defense information may result in expensive and disruptive civil or criminal proceedings. Recommended Integrity Impact Level: Given the legal consequences of unauthorized modification or destruction and potential consequences for human life, the provisional integrity impact level recommended for legal defense information is high. mission, not on the time required to re-establish access to legal defense information. Most legal defense processes are tolerant of delay. Delays can impact court schedules, cause significant taxpayer expense, and potentially jeopardize legal proceedings (see C17.2.2). In most cases, disruption of access to legal defense information can be expected to have only a limited adverse effect on government operations, agency assets, or individuals. Special Factors Affecting Availability Impact Determination: In exceptional cases (e.g., information affecting a ruling regarding an impending execution), loss of availability of information can have a severe adverse effect. The consequent availability impact level would be high. Special Factors Affecting Availability Impact Determination: The provisional availability impact level recommended for legal defense information is low.