§ 124.15 Protection of sensitive operational information.

(a) Sensitive system information. Information that links the specific capabilities, vulnerabilities, operating parameters, or countermeasure effectiveness of C-UAS systems to planned or completed operations, including deployment locations, operating radio frequencies, tactical employment methods, and threat-specific mitigation approaches, must be treated as law enforcement sensitive, protected from public disclosure to the extent permitted by applicable law, and, where the information reveals a capability gap of national security concern, evaluated for classification. Other operational coordination information associated with a planned or completed operation, such as the existence, general timing, or general coverage area of a deployment, must be handled as Controlled Unclassified Information and may be shared with covered Federal and SLTT law enforcement and correctional partners, including a State-designated aviation point of contact, for a lawful government purpose. General technical specifications and evaluation data not associated with a specific planned or completed operation are not subject to these handling requirements. All information described in this paragraph remains subject to any applicable classification, export control, or proprietary restriction. (b) Protection from disclosure. An SLTT law enforcement or correctional agency must take the steps available under applicable State, local, Tribal, or territorial law to protect operationally sensitive information from disclosure through public records requests or civil discovery, and should coordinate with the prosecuting authority in criminal prosecutions arising from C-UAS operations to limit testimony and pleadings to the information necessary to establish the elements of the offense. Nothing in this section requires an agency to take any action inconsistent with applicable State, local, Tribal, or territorial public records law. (c) Markings. Advance notifications, C-UAS Operations Plans, post-operation reports, and compliance audit records must be marked with appropriate sensitivity designations. (d) Permitted disclosures. This section does not prohibit disclosure of sensitive system information to authorized Federal officials, to other participating SLTT agencies in the course of operational coordination, or to the public to the extent required by statute or court order.