[Code of Federal Regulations] [Title 22, Volume 1] [Revised as of April 1, 2001] From the U.S. Government Printing Office via GPO Access [CITE: 22CFR171.22] [Page 688] TITLE 22--FOREIGN RELATIONS CHAPTER I--DEPARTMENT OF STATE PART 171--AVAILABILITY OF INFORMATION AND RECORDS TO THE PUBLIC--Table of Contents Subpart C--Executive Order 12958 Provisions Sec. 171.22 Determination in disputed cases. (a) It is presumed that information that continues to meet the classification requirements under this Executive Order 12958 requires continued protection. In some exceptional cases, however, the need to protect such information may be outweighed by the public interest in disclosure of the information, and in these cases the information should be declassified. When such questions arise, they shall be referred to the Secretary of State or the Department's senior agency official. That official will determine, as an exercise of discretion, whether the public interest in disclosure outweighs the damage to national security that might reasonably be expected from disclosure. (b) This provision does not: (1) Amplify or modify the substantive criteria or procedures for classification; or (2) Create any substantive or procedural rights subject to judicial review.