Is my CAC CUI because it contains the DoD ID number (EDIPI)?
No.  While the DoD ID number is personally identifiable information (PII), it does not meet the criteria for CUI unless it is included in a grouping of information that contains the individual’s name or other unique identifier combined with one or more of the following:

• Truncated SSN (such as last four digits)
• Date of birth (month, day, and year)
• Citizenship or immigration status
• Ethnic or religious affiliation
• Sexual orientation
• Criminal history
• Medical information
• System authentication information such as mother's maiden name, account passwords, or personal identification numbers

I have a document that contains PII.  Do I have to mark it as CUI?
Not necessarily.  It depends on what PII is on the document.  Examples of PII include social security number, passport number, driver’s license number, taxpayer identification number, patient identification number, financial account or credit card number, personal address and phone number, biometric records.  The document becomes CUI when individual pieces of PII are combined when can then be used collaboratively to identify a specific individual.  

When do I need to put a Privacy Act Statement (PAS) on a document?
When a Federal agency requests that you provide personal information (name, date of birth, social security number, etc) for a system of records, regardless of the method used to collect the information (i.e., forms, personal or telephonic interview, etc), a Privacy Act Statement (PAS) is required.  If the information requested will not be included in a system of records, a PAS is not required.



We were told to put a distribution statement on a document, but there is no CUI in the document.  Can a document have a distribution statement and not be CUI?
The application of a distribution statement does not automatically mean the document is CUI.  Pursuant to DoDI 5230.24, “Distribution Statements on DoD Technical Information,” distribution statements are applied to technical documents, regardless of whether the document is classified, unclassified, or CUI.



Can we share CUI with Congress?
Yes.  It is DoD policy to provide Congress with all the information it needs to conduct effective oversight.  Any Member of Congress and their personal or professional staff are authorized to receive and share CUI from DoD.

Can I share CUI with foreign allies and partners?
 Yes, you may share CUI with our foreign allies and partners unless sharing with that country is specifically restricted.



Are all legacy marked FOUO documents now CUI?
No. It is not an automatic one-to-one swap. Some information previously marked as FOUO will qualify as CUI.  FOUO information must be assessed against the CUI Registry to determine if it is now CUI.

Information previously marked as FOUO does not need to be re-marked as long it remains under DoD control or is accessed online and downloaded for use within the DoD.

However, if the same information is put in a new document or is shared outside the Department, it needs to be assessed to see if it meets the criteria for CUI and marked appropriately.

Not every Executive branch agency has implemented CUI, so you may still receive documents marked as FOUO.  Documents with other markings should be handled in accordance with guidance from those agencies.