What is the significance of eliminating the instruction not to classify information “when in significant doubt?”
This change will have no practical significance. The removal of the “Significant doubt” provision, in effect, is a neutral change. It is important to note that the amendment has not changed the inherent discretion of an original classification authority. Specifically, the Order spells out what can be classified; an original classification authority can still determine that such information should not be classified. Equally important to note is that the “balancing test” for declassification has not been removed and is still in place at section 3.1(b), i.e., information should be declassified when the need to protect such information is outweighed by the public interest in disclosure of the information.
