Legal Privilege PRIVILEGE
A CUI category in the Legal grouping of NARA's registry, CUI Basic, marked CUI.
NARA's description
CUI Registry · Legal PrivilegePer 15 USC 78x(f)(4): The term "privilege" includes any work-product privilege, attorney-client privilege, governmental privilege, or other privilege recognized under Federal, State, or foreign law. Per 502(g): (1) "attorney-client privilege" means the protection that applicable law provides for confidential attorney-client communications, and (2) "work-product protection" means the protection that applicable law provides for tangible material (or its intangible equivalent) prepared in anticipation of litigation or for trial.
Note: There are two limited dissemination control markings that can be used with this category; Attorney Work Product (AWP), Attorney Client Privilege (AC). These limited dissemination control markings may be used to help identify the type of privilege in the document and limit the dissemination of that information so as to preserve that privilege. These limited dissemination control markings (AWP, AC) may only be used on information protected under the CUI "Legal Privilege" category.
Markings
- Category marking
- PRIVILEGE
- Banner marking
- CUI
- Alternative banner, Basic
- CUI//PRIVILEGE
A banner reads CUI for Basic categories and CUI//SP-PRIVILEGE for Specified ones, followed by any limited dissemination control such as NOFORN. How the marking rule works, verbatim from 32 CFR 2002.20.
Authorities
The law, regulation or Government-wide policy that makes this information CUI, and whether it does so as a Basic or a Specified authority.
| Safeguarding or dissemination authority | Basic or Specified | Banner | Sanctions |
|---|---|---|---|
| 10 CFR 2.347(b) | Basic | CUI | — |
| 16 CFR 1025.31(c)(3) | Basic | CUI | — |
| Federal Rules of Civil Procedure 26(b)(3) | Basic | CUI | Federal Rules of Civil Procedure 37 |
| Federal Rules of Civil Procedure 26(b)(5) | Basic | CUI | Federal Rules of Civil Procedure 37 |
| Federal Rules of Criminal Procedure 16(a)(2) | Basic | CUI | — |
| 28 CFR 16.23 | Basic | CUI | — |
| 76 Federal Register 34986 | Basic | CUI | — |
| 26 USC 7525 | Basic | CUI | — |
| Federal Rules of Evidence Rules 501 and 502(g) | Basic | CUI | — |
| 18 CFR 385 | Basic | CUI | — |
| 18 CFR 3c.2 | Basic | CUI | — |
| 18 CFR 388.112(a) | Basic | CUI | — |
Source: https://www.archives.gov/cui/registry/category-detail/legal-privilege.