Released under the Official Information Act
Declassification
a.
Declassification is the process of removing the existing security classification from
information that was previously classified so that the item is reduced to an unclassified
state.45
b.
Information is to be declassified as soon as it no longer meets the requirements for
classification. An administrative decision may then be made to formally authorise its
release into the public domain. The information can also be disposed of or destroyed
as an UNCLASSIFIED item.
Procedure to declassify information
a.
The PSR requires the CDF to establish a systematic approach to declassify government
information with a rules based process. The criteria of which must —
(1)
prohibit the indefinite classification of information without transparency;
(2)
require the policy to be available to the public to improve transparency and
accountability;
(3)
articulate the rules for declassification within the NZDF, which will consider —
(b) age of the information;46
(c)
public interest;
(d) national security impact;
(e)
requests for information (Official Information Act 1982; Privacy Act 2020);
(f)
preservation requirement (risk of loss or deterioration);
(g)
relevance; and
(h) resources available to prioritise review and declassification.
(4)
be consistent with information and records management practices and decisions;
(5)
be used to prioritise how resources are allocated;
(6)
support the declassification programme;
(7)
establish an appropriate governance framework for declassification; and
(8)
reflect the value to the NZDF of the declassification programme.
45 If declassification cannot achieve the effect of making a classified item fit the classification of UNCLASSIFIED
then it can only be reclassified to the lowest suitable level. Declassification is commonly undertaken with archival
and aged documents to enable them to be used for public research, archive collection or transferred to a lower
level storage facility or destruction.
46 When an item of information is originally classified, the originator may establish a specific date or event for
declassification of the information based on the balance of its national security sensitivity and the public
interest. Usually, that date is for a period of ten years but may be longer to protect the source(s) of
information or other ongoing sensitivities requiring ongoing protection.
Released under the Official Information Act
Declassification governance
a.
The PSR requires the CDF to establish and operate an appropriate governance
framework for declassification that will institute a systematic process for reviewing
and releasing classified information in a responsi ble, accountable and timely manner.
b.
A declassification governance framework must —
(1)
identify the types of information to be declassified. This could include
information related to national security, NZDF military operations, intelligence
and security operations and business processes;
(2) establish declassification criteria. Once information is identified by type it must
be classified following the NZISM and NZDF guidelines, the potential harm that
could result from disclosure or any other factors;
(3)
create a declassification process, this will include a governance process and
declassification programme;
(4)
determine a timeframe for declassification. How long information should remain
classified before downgrading (when a lower classification will provide adequate
protection) and create a process for regular reviewing and reassessing the
classification level status;
(5)
ensure accountability and transparency. Include regular reporting on the
progress of declassification and respond to any public inquiry;
(6)
monitor and eval uate the effectiveness of the declassification programme
including assessment that it delivers value for the public;
(7)
establish an arbitration process for decisions or conflicting opinions to be
considered; and
(8)
establish conditions so that a final decision on the declassification of an
information item can be made.
Governance of Information Declassification
a.
As outlined in the PSR, the CDF can direct governance of information declassification to
be conducted as a process by a panel (ad hoc), a board, or by appointed
Declassification Officers.
b.
Transparency and accountability. Whichever method of declassification governance is
used, there should be clear mechanisms for oversight and review. This may require
oversight by an independent reviewer.
c.
Exemptions. Exemptions from automatic declassification (through time or subject or
event) may be incorporated into the classification guidance for a particular information
document/object but must be justifiable if examined.
The NZDF Declassification Programme
a.
The purpose of a declassification programme is to ensure that classified information is
declassified in a timely and efficient manner, while still protecting national security and
any security obligations to other nations and partners.
Released under the Official Information Act
b.
The NZDF must appropriately resource a regular programme for declassifying
government information in line with NZDF policy and priorities. The NZDF must repo rt
transparently on the progress, results and expected value that the programme
delivers.
c.
The Declassification Programme is to include—
(1)
policy and guidance for operators of the programme including the criteria for
declassification, review procedures and timelines for review and release;
(2)
identification of information process of items eligible for declassification;
(3)
the process of declassification (for the information item in full or in part) and
how it is to be made public or released to authorised recipients;
(4)
Records management of declassified material as part of NZDF’s overall records
management, including storage, retrieval, archive and disposal or destruction;
(5)
Training and education to members of the NZDF and other stakeholders on the
declassification programme, the criteria and the importance of protecting
national security information; and
(6)
Reporting on the review and release of declassified information holdings.
d.
The Declassification Programme is to prioritise the maintenance of confidentiality and
integrity of sensitive national security information while ensuring the most obtainable
level of transparency and accountability.
