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ARTICLE · 12 DECEMBER 2013

Data Security Advisory For Federal Contractors: Safeguarding Unclassified Controlled Technical Information

Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
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The Department of Defense (DoD) has published its new final rule governing the security measures imposed on DoD unclassified technical information resident on or passing through the unclassified information systems of its contractors and subcontractors.

United StatesPrivacy
Jonathan Cain
Jonathan Cain
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The Department of Defense (DoD) has published its new final rule governing the security measures imposed on DoD unclassified technical information resident on or passing through the unclassified information systems of its contractors and subcontractors. This final rule will require contractors to safeguard unclassified controlled technical information and to report the compromise of such information to the DoD.

The rule, which is now incorporated in part 204 of the DFAR, was originally published for comment in June 2011 and has taken 18 months to reach final publication, partly because it imposes significant new burdens on federal contractors. It requires DoD contracting officers to include a new clause, DFAR 252.204-7012, in any contract that involves the use of technical data, computer software or other technical information described in DoD Instructions as unclassified controlled technical information. Contractors subject to the clause are required to implement

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