Evaluating Need to Know for Chemical-terrorism Vulnerability Information (CVI)
Access to or disclosure of CVI requires that an individual: (1) has a need to know the information; and (2) is a CVI Authorized User. Under 6 CFR § 27.400(e), a person (including a State, local, or tribal official) has a need to know when:
- that person requires access to specific CVI to carry out chemical facility security activities approved, accepted, funded, recommended, or directed by DHS.
- that person needs the CVI to receive training to carry out chemical facility security activities approved, accepted, funded, recommended, or directed by DHS,
- that person needs the CVI to supervise or otherwise manage individuals carrying out chemical facility security activities approved, accepted, funded, recommended, or directed by the DHS,
- that person needs the CVI to provide technical or legal advice to a covered person, who has a need to know that CVI, regarding chemical facility security requirements of Federal law
- when DHS determines that access by that person to specific information is required under 6 CFR §§ 27.400(h) or (i) in the course of judicial or administrative proceedings.
In addition, as provided by 6 CFR §§ 27.400(e)(2), (4) and (5):
- A Federal employee has a need to know if access to the information is necessary for performance of the employee’s official duties.
- A contractor acting in the performance of a contract with or grant from DHS has a need to know if access to the information is necessary to performance of the contract or grant.
- Notwithstanding the other provisions of the rules, DHS may determine that only specific persons or classes of persons have a need to know specific CVI.
- Nothing shall prevent DHS from determining, in its discretion, that a person or class of persons not otherwise listed above has a need to know CVI in a particular circumstance.
Any disputes between persons and facilities about whether an individual seeking access to the CVI has a need to know should be referred to DHS for resolution. In particular, any dispute between facilities and State, local or tribal officials about whether a given official has a need to know specific CVI should be referred to the DHS chemical facility security inspector responsible for working with the facility in question.
This page was last reviewed/modified on September 18, 2008.