As a Department of Defense (DoD) contractor, understanding how to properly identify and handle Controlled Unclassified Information (CUI) is critical for maintaining compliance with cybersecurity regulations. The growing threat landscape makes it imperative for contractors to protect sensitive information, including CUI, to safeguard national security. But what happens when information isn’t properly marked? This post aims to clarify how contractors can identify potentially unmarked CUI and their obligations under the CMMC compliance framework.
Understanding CUI and Its Role in Government Contracting
The DoD generates vast amounts of data that fall on a sensitivity spectrum, ranging from classified information—critical for national security—to public information that can be freely shared. In between these extremes is CUI, which includes unclassified information that must still be protected due to its sensitivity. CUI comes in two types: CUI Basic and CUI Specified, with specific safeguarding requirements depending on the applicable law, regulation, or government-wide policy (LRGWP).
Most contractors will encounter Controlled Technical Information (CTI), a type of CUI with military or space applications created for the DoD. It is crucial to identify CTI properly to ensure compliance with CMMC requirements and avoid security risks.
Identifying Unmarked CUI in Contractor Systems
Contractors are often concerned about how to identify unmarked or improperly marked CUI in their systems. One practical solution is to look for DoD distribution statements. If the information contains distribution statements B-F, this indicates that the information is Controlled Technical Information (CTI), and therefore, CUI. According to DoDI 5230.24, these statements classify information as CTI, requiring contractors to safeguard it according to DFARS 252.204-7012 regulations.
Even when the information is not explicitly marked as CUI, the presence of distribution statements B-F means it should be treated as such. Contractors should take the necessary precautions to protect the information, even if DoD personnel have not yet provided explicit CUI markings.
The Role of the Government in Designating and Marking CUI
Thankfully, the burden of designating information as CUI does not fall on contractors. The DoD is responsible for determining whether information qualifies as CUI and must communicate how contractors should mark and protect this information. Contractors should follow these guidelines as part of their contractual obligations, ensuring proper handling and CMMC compliance.
However, there are situations where legacy markings such as “For Official Use Only (FOUO)” or “Sensitive but Unclassified (SBU)” are present. Contractors must reexamine these documents, in coordination with the DoD, to determine if the information now qualifies as CUI under the updated regulations.
Best Practices for Managing CUI
Contractors should work proactively to protect CUI by following best practices:
- Review contracts for guidance on marking and safeguarding CUI.
- Look for distribution statements B-F, which indicate the presence of CTI and the need for protective measures.
- Ask for guidance from DoD personnel if information is unclear or unmarked.
- Ensure CMMC certification and CMMC requirements are met, especially when handling sensitive information.
Conclusion
Identifying and protecting CUI in contractor systems is crucial for maintaining compliance with DoD regulations. By understanding how to identify unmarked CUI, contractors can better protect sensitive data, ensure CMMC compliance, and avoid the risks associated with mishandling critical information. Always consult the DoD for proper marking and designation indicators, and protect information in line with the CMMC framework to support national security.
Follow us on our Linkedin page: https://www.linkedin.com/company/dod-cmmc/
Catch up on in-depth explanation of CMMC 2.0: https://dod-cmmc.com/cmmc-2-0-program/