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.17.4

D.17.4 Legal Prosecution and Litigation Information Type Legal prosecution/litigation includes all activities involved with presenting a case in a legal proceeding both in a criminal or civil court of law in an attempt to prove guilt/responsibility. The recommended provisional security categorization for the legal prosecution/litigation information type is as follows: Security Category = {(confidentiality, Low), (integrity, Moderate), (availability, Low)} The confidentiality impact level is the effect of unauthorized disclosure of legal prosecution/litigation information on the ability of responsible agencies to present a case in a legal proceeding either in a criminal or civil court of law in an attempt to prove guilt/responsibility. Dissemination of legal prosecution/litigation information is governed by privacy laws and by Rules of Criminal Procedure, Rules of Civil Procedure, and other laws governing adversarial legal proceedings. While most information associated with legal prosecution/litigation 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 prosecution/litigation information will have only a limited adverse effect on agency operations, assets, or individuals. In criminal cases, the consequences of unauthorized disclosure of legal prosecution information are affected by 1] the seriousness of the crime involved, 2] timing (e.g., the ability of the criminal to access the information and use it to commit a crime or evade detection or surveillance), and 3] the capability of the criminal to injure witnesses or law enforcement officials. Special Factors Affecting Confidentiality Impact Determination: Where unauthorized disclosure of information might have a serious adverse effect on legal prosecution/ litigation, there is a presumption of a miscarriage of justice. If an unauthorized disclosure is discovered, the legal proceeding is 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. In this case, the confidentiality impact of unauthorized disclosure will be moderate. Where the life of a complainant, 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. Given the nature of many of the crimes that are the responsibility of Federal law enforcement agencies, the consequences associated with unauthorized disclosure of legal prosecution information must be assumed to pose a threat to human life or result in a loss of major assets. Additionally, when a legal proceeding concerns matters of trans-national interest, such as trade enforcement, tariff agreements, etc., or where foreign nationals might be involved, the confidentiality impact will be high. Information that reveals the identity and/or location of informants may be of particular concern. [The impact of unauthorized disclosure of national security information is outside the scope of this guideline.] Recommended Confidentiality Impact Level: Given the public nature of and disclosure rules associated with most prosecution/litigation information, the provisional confidentiality impact level recommended is low. In cases where 1) the crimes are not violent and do not involve extraordinarily large property losses, and 2) there is no indication of a record of violence on the part of the criminal, the confidentiality impact may be low. not on the time required to detect the modification or destruction of information. Legal prosecution/litigation activities are not typically time-critical. Unauthorized modification or destruction of information affecting external communications associated with legal prosecution/litigation organizations (e.g., web pages, electronic mail) may adversely affect operations or public confidence in the agency, but the damage to the mission would usually be limited. In general, the unauthorized modification or destruction of legal prosecution/litigation information will have only a limited adverse effect on government operations, government assets, or individuals. However, if evidence or other defense information has been compromised, legal proceedings may be affected (e.g., a mistrial may be declared). The subsequent cost to the government 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. Special Factors Affecting Integrity Impact Determination: Where the life of a victim, witness, or informant may be endangered, the integrity 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 integrity impact will be high. Recommended Integrity Impact Level: Given the legal consequences of the unauthorized modification or destruction of legal prosecution/litigation information, the provisional integrity impact level recommended for legal prosecution/litigation information is moderate. mission, not on the time required to re-establish access to legal prosecution/litigation information. Most legal prosecution/litigation processes are tolerant of delay even though the delays can impact court schedules, cause significant taxpayer expense, and potentially jeopardize legal proceedings (see C17.4.2). Typically, the disruption of access to legal prosecution/litigation 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 availability impact level recommended for this legal prosecution/litigation information is high. Recommended Availability Impact Level: The provisional availability impact level recommended for legal prosecution/litigation information is low.