SENSITIVE SECURITY INFORMATION

In 1976, the Federal Aviation Administration (FAA) created a category of sensitive but unclassified information called Sensitive Security Information (SSI), which covers information obtained or developed through security activities whose disclosure would constitute an invasion of privacy, would reveal trade secrets or privileged information, or be detrimental to transportation security. SSI designation is currently used by both DHS and the Transportation Security Administration (TSA) to safeguard information obtained by the federal government from the private sector during the course of certain security activities.
In August 2004, the Coast Guard issued NVIC 10-04, “Guidelines for Handling of Sensitive Security Information (SSI).”

who has access to ssi?

Generally, only a “covered person” with a "need to know” may access SSI. “Covered persons” include:

• Each owner, charterer, or operator of an MTSA-regulated vessel or facility;
• Each person participating in a National or Area Maritime Security Committee;
• Each maritime industry trade association that has signed a non-disclosure agreement with the Coast Guard and that represents covered persons;
• Each person employed by, contracted to, or acting for a covered person; and
• Each person for which a vulnerability assessment has been directed, created, held, funded, or approved by DHS.

An individual, including a state or local official, has a “need to know” in any of the following five circumstances:

• When the person requires access to specific SSI to carry out transportation security activities approved, accepted, funded, recommended, or directed by DHS or DOT;
• When the person is in training to carry out transportation security activities approved, accepted, funded, recommended, or directed by DHS or DOT;
• When the information is necessary for the person to supervise or otherwise manage individuals carrying out transportation security activities approved, accepted, funded, recommended, or directed by DHS or DOT;
• When the person needs the information to provide technical or legal advice to a covered person regarding transportation security requirements of federal law; and
• When the person needs the information to represent a covered person in connection with any judicial or administrative proceeding regarding those requirements.

what is ssi?

As enumerated by 49 CFR § 1520.5, SSI includes, among other things:

• MTSA Vessel, Facility, Area, and National Maritime Security Plans;
• Maritime Security Directives issued by the Coast Guard under 33 CFR § 101.405;
• Certain NVICs issued by the Coast Guard relating to maritime security; and
• Any vulnerability assessment directed, created, held, funded, or approved by DHS or DOT, or that will be provided to DHS or DOT pursuant to the MTSA final rule.