32 CFR § 2103.21 - Definition and application.

---
identifier: "/us/cfr/t32/s2103.21"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "32 CFR § 2103.21 - Definition and application."
title_number: 32
title_name: "National Defense"
section_number: "2103.21"
section_name: "Definition and application."
chapter_name: "NATIONAL SECURITY COUNCIL"
part_number: "2103"
part_name: "REGULATIONS TO IMPLEMENT E.O. 12065—INCLUDING PROCEDURES FOR PUBLIC ACCESS TO DOCUMENTS THAT MAY BE DECLASSIFIED"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "E.O. 12065 and Information Security Oversight Office Directive No. 1."
regulatory_source: "44 FR 2384, Jan. 11, 1979, unless otherwise noted."
cfr_part: "2103"
---


# 2103.21 Definition and application.

Derivative classification is the act of assigning a level of classification to information that is determined to be the same in substance as information that is currently classified. Thus, derivative classification may be accomplished by any person cleared for access to that level of information, regardless of whether the person has original classification authority at that level.