Policy on Visual Records

Policy on Visual Records

LGL – KB0013498

1. Purpose

Fermi Forward Discovery Group, LLC (FermiForward) manages Fermi National Accelerator Laboratory (Fermilab), a research facility for which most of the scientific results are shared broadly within the scientific community and are made publicly available. However, prohibiting or restricting access to information is necessary in some cases. This policy addresses visual records (e.g., photography, videography, social media, live streaming, etc.) at all locations managed and operated by FermiForward on behalf of the Department of Energy (DOE). It incorporates considerations from site security, foreign national access, export control, proprietary agreements, and DOE requirements.

This policy is not a contract and is not intended to create any obligations on FermiForward. This policy may be terminated or changed by FermiForward at any time, with or without notice.

2. Scope

This policy applies to all planned and unplanned visual records made at all locations managed and operated by FermiForward.

3. Applicability

This policy applies to all FermiForward employees, subcontractors, and users and affiliates, authorized guests, business visitors (FermiForward sponsored or supported personnel), and public visitors accessing the Fermilab site and leased spaces.

4. Effective Date and Date Reviewed/Updated

This policy went into effect January 1, 2025, and was update on August 27, 2025.

5. Policy

FermiForward documents its work using visual records to carry out its mission, communicate, ensure proper site security, educate, and maintain a historical record. FermiForward divisions, departments, employees, subcontractors, or collaborators may need photography, video, or other visual records for their work.

However, setting up photography and video shoots may pose safety and security concerns at certain Fermilab sites. Visual records of facilities, equipment, and activities at locations managed and operated by FermiForward may be export-controlled, infringe on the property rights of third parties, and pose security or industrial espionage issues. The photographer and/or the intended destination of the recordings can influence what considerations apply (e.g., site security, export control, intellectual property rights, etc.).

This policy and the associated requirements are in accordance with applicable U.S. federal and Department of Energy (DOE) laws, regulations, orders, and policies defined in the FermiForward Management and Operations Contract.

1. Location Requirements for Personal Visual Records: Personal visual records are restricted to General Access Areas (GAAs) and certain Property Protection Areas (PPAs) (i.e., areas not designated as GAAs) that have been explicitly reviewed and approved for visual records by the Photography Control Team. (GAAs and PPAs are detailed in the Site Security Plan (SSP).)

1. Approved PPAs are listed on the Office of General Counsel (OGC) internal website under Export Control and Photography Clearance. Questions regarding the list should be submitted to exportcontrol@fnal.gov. Approval of a PPA permits only general visual records. Individuals may not capture close-up images that involve removing panels, manipulating components, or displaying design schematics, which could reveal proprietary or export-controlled information.
2. If a PPA is not listed on the OGC internal website, the Photography Control Team must review and approve any personal visual records taken in that area prior to their distribution.
3. These location-based restrictions do not apply to work-related visual records. The requirements for work-related visual records are described in the Sharing and Storage of Work-Related Visual Records section elsewhere in this document.

2. Content Restrictions:  Prior to tours or other public access, an area should be free of visually accessible materials (e.g., open laptops, blueprints, presentations, etc.) that contain export-controlled technology or information under proprietary or other restrictions. Never display the details of a permanent FermiForward badge (this does not include visitor badges) in any visual record.

3. Sharing and Storage of Work-Related Visual Records: FermiForward employees, subcontractors, and users and affiliates that require work-related visual records must keep, distribute, and store those recordings in a manner consistent with this policy, the Policy on Export Control, the Policy on Records Management, and related guidance and restrictions.

i. Internal Projects or Experiments: Unless specific guidance prohibits it, work-related visual records may be shared among FermiForward employees, subcontractors, and users and affiliates assigned to collaborative projects or experiments. Unless you’re told you can’t, you can share photos with other Fermilab people assigned to the project.

ii. External Projects or Experiments: Unless specific guidance prohibits it, work-related visual records may be shared with individuals and entities who are not FermiForward employees, subcontractors, and users and affiliates as long as they are assigned to a collaborative project or experiment. Consult the project or experiment authorities and the Photography Control Team before sharing work-related visual records with an individual or entity outside a collaborative project or experiment.

iii. Projects or Experiments with Additional Restrictions: FermiForward employees, subcontractors, and users and affiliates working on projects or experiments with additional restrictions not outlined in this policy will receive written guidance and/or training. Project or experiment guidance and restrictions related to work-related visual records may include publication and travel restrictions.

4. Scientific and Technical Publications: All FermiForward sponsored or supported personnel reporting work done using Fermilab facilities must submit scientific/technical publications for review by requesting a report number and uploading their report at the Technical Publications website; questions may be addressed to the Technical Publications Office (630-840-5693, techpubs@fnal.gov). The work-related visual records produced for and included in these publications will be reviewed as part of this process.

5. Security Camera Recordings: The FermiForward Security Chief and the Photography Control Team must review security camera recordings of PPAs prior to release if the Security Chief is uncertain whether the visual records are controlled visual records.

6. Lab Communications: The Office of Communication must coordinate with the Photography Control Team if they plan to make visual records in PPAs that have not been previously approved. If the Office of Communication is uncertain as to whether a visual record was made in a GAA or an approved PPA or is a controlled visual record, it must have the Photography Control Team review and approve it prior to release.

7. External/Commercial Communications: In addition to any required review by the Photography Control Team, the Office of Communication must approve, in advance, all requests for photography, videography, or other visual recordings on the Laboratory site for commercial purposes or by members of the news media. See FermiForward Communications Policy for more information.

8. Emergency Situations: Special restrictions apply to all visual records captured during emergency situations anywhere on site, including in GAAs. See FermiForward Communications Policy for more information.

9. Policy Violations: All personnel involved in visual recording activities must be aware that disregarding this policy’s restrictions may violate export control, proprietary, or other requirements.

1. Reporting: Suspected violations of this policy, including those by visitors, must be reported to the Photography Control Team via exportcontrol@fnal.gov and the Security Department (630-840-3131). Additional reporting methods include those listed at https://generalcounsel.fnal.gov/how-to-report-concerns-or-violations/.
2. Response: Corrective or disciplinary actions, up to and including termination, will be determined by FermiForward leadership in accordance with the Policy on Export Control or other applicable policies.

6. Definitions

Export-Controlled Technology: Information required for the development, design, production, manufacture, integration, or repair of items, material, software, or the application of advanced techniques, or services designated on the Commerce Control List (CCL) of the Export Administration Regulations (EAR); the U.S. Munitions List (USML) of the International Traffic in Arms Regulations (ITAR); DOE laws, regulations, policies, and orders; and any other federal laws, regulations, orders, policies, or controls associated with national security or commerce restrictions (export control laws). This does not include general, non-proprietary descriptions that do not provide the level of detail necessary for development, design, production, manufacture, integration, or repair, or the application of advanced techniques or services. Depending on the type of information and the specific export control law, this definition may not include 1) information taught in a catalog course or associated teaching laboratory of an academic institution and 2) fundamental research in science, engineering, or mathematics, which is or which is intended to be published and shared broadly within the research community, and for which the researchers have not accepted restrictions for proprietary or national security reasons.

Photography Control Team: This team includes participants from Ex/Im Control, Office of Partnerships and Technology Transfer (OPTT), and Office of Communication, with input from technical representatives as necessary.

Proprietary Restrictions: Proprietary data, data protected by the Privacy Act of 1974 (5 U.S.C. 552a), or other confidential or privileged technical, business, financial, or other information restricted by agreement or law that details any combination of processes, tools, or systems that are property of a business or individual.

Technical Systems: Information that is export-controlled technology or material under proprietary or other restrictions.

Visual Records: Any photograph, video, social media post, live stream, or other visual record.

Controlled Visual Records: Any photograph, video, social media post, live stream, or other visual record containing technical systems.

Personal Visual Records: Any visual record that an individual creates for one’s own use and that is not for use by FermiForward sponsored or supported personnel to carry out the laboratory’s mission, communicate, ensure proper site security, educate, and maintain a historical record.

Work-Related Visual Records: Any visual record made by a FermiForward employee, subcontractor, or user and affiliate necessary to carry out the laboratory’s mission, communicate, ensure proper site security, educate, and maintain a historical record.

7. Responsibilities

The Office of General Counsel (OGC) is responsible for overseeing the implementation of this policy and ensuring compliance with export control laws; Ex/Im Control operates within the OGC to support this responsibility.

Fermilab Authorized Guests, Business Visitors, and Public Visitors are responsible for complying with signage and any guidance regarding this policy provided by FermiForward employees, subcontractors, and users and affiliates.

FermiForward Employees, Subcontractors, and Users and Affiliates are responsible for:

1. Being familiar with GAAs and PPAs approved for making personal visual records;
2. As needed, seeking approval of PPAs prior to tours or public access events that may make personal visual records;
3. Ensure that materials (e.g., laptops, smartphones, blueprints, presentations, etc.) containing export-controlled technology, material under proprietary restrictions, or other controls are not left visually available in GAAs or approved PPAs (i.e., those listed on the Export Control and Photography Clearance List);
4. While hosting or escorting visitors, explaining to them this policy, and when necessary, reminding them to follow it. A host or visitor escort should not take any steps to enforce this policy beyond verbal reminders, ending tours or events early, or reporting violations; and
5. As soon as possible, reporting any policy violations or suspected violations to the Photography Control Team via exportcontrol@fnal.gov and the Security Department (630-840-3414). Additional reporting methods include those listed at  https://generalcounsel.fnal.gov/how-to-report-concerns-or-violations/.

The Export/Import Control Compliance Manager is responsible for:

1. Maintaining the Export Control and Photography Clearance List;
2. Reviewing reports of violations of this policy and referring necessary violations to the Security Chief for corrective action; and
3. Provide a representative to act as a member of the Photography Control Team. The representative will review materials and areas for export-controlled technology and approve PPAs, if appropriate, for the making of personal visual records;

The Office of Communication is responsible for:

1. Approving all media and commercial requests for making visual records intended for public distribution;
2. Providing a representative to act as a member of the Photography Control Team. The representative will review and approve areas, if appropriate, for media and businesses to make visual records;

The Office of Partnership and Technology Transfer (OPTT) is responsible for:

10. 1.  Providing a representative to act as a member of the Photography Control Team. The representative will review materials and areas for proprietary restrictions and approve PPAs, if appropriate, for the making of personal visual records.

The Photography Control Team is responsible for:

1. Coordinating and communicating requests with all team participants as necessary (i.e., Ex/Im Control, OPTT, and Office of Communication with input from technical representatives when applicable); and
2. Promptly reviewing and approving/denying the following:
   1. Requests to add PPAs to the Export Control and Photography Clearance List; and
   2. Work-related visual records that will not be reviewed during the Scientific and Technical Publications process but will be released to the public or a broader audience than allowed per Sharing and Storage of Work-Related Visual Records.

Public-Tour Education Facilitators and Guides are responsible for:

1. Compliance with all guidance provided to FermiForward Employees, Subcontractors, and Users and Affiliates above; and
2. Explaining the parts of tours where making personal visual records is not permitted and ending tours or events early in the event of persistent or significant policy violations by tour participants.

The Security Chief is responsible for:

1. Reviewing security camera recordings of PPAs prior to release and requesting assistance in this review from the Photography Control Team when necessary;
2. Assisting the Photography Control Team when reviewing visual records with sensitive security information; and
3. Implementing the SSP, which includes the Incident of Security Concern (ISOC) Plan that identifies corrective actions for theft, compromise, or suspected compromise of specific materials, including export-controlled technology.

Site Security is responsible for:

1. Performing SSP duties, including corrective actions for ISOCs and patrolling PPAs.

8. Authorities

FermiForward Prime Contract No. 89243024CSC000002 at Clauses I.140, I.115(b), and I.118(b)(2)(ii)

DEAR 970.5225-1 Compliance with Export Control Laws and Regulations

15 C.F.R. 734.3 (b)(1)(v) Patent and Trademark Office applications and modifications

DOE O 142.3B Chg 1 (LtdChg), Unclassified Foreign Visits and Assignments

DOE O 205.1D, Department of Energy Cybersecurity Program

DOE O 241.1C, Scientific and Technical Information Management

DOE O 243.1C Records Management Program

DOE O 470.4C, Safeguards and Security Program

DOE O 471.7, Controlled Unclassified Information

DOE O 481.1E Chg 2 (LtdChg), Strategic Partnership Projects [Formerly Known as Work for Others (Non-Department of Energy Funded Work)]

DOE O 483.1B, Chg 3 (MinChg), DOE Cooperative Research and Development Agreements

DOE P 485.1A, Foreign Engagements with DOE National Laboratories

DOE O 486.1A, Foreign Government Sponsored or Affiliated Activities

DOE O 550.1 Chg 1 (LtdChg), Official Travel

Secretary of Energy Memorandum (12/13/2019), Science and Technology Risk Matrix Guidance

Site Security Plan (SSP)

Communications Policy

Policy on Access to Fermilab Batavia, IL, and Lead, SD Sites

Policy on Export Control

Policy on Records Management

Policy on Technical Publications

9. Owner

The General Counsel is the owner of this policy and is responsible for reviewing and updating this policy.

10. Review Cycle

This policy shall be reviewed every three years.

11. Communication Plan

The General Counsel is responsible for the communication of this policy. The requirements of this policy will be communicated through lab-wide online announcements to all FermiForward-sponsored and supported personnel. In addition, FermiForward employees, FermiForward subcontractors, and Fermilab users and affiliates will receive periodic Export Control Awareness Training, which includes material on this policy. The General Counsel is also responsible for providing guidance to guards, education facilitators, and guides so that they may ensure compliance with the policy by Fermilab-authorized guests, business visitors, and public visitors. This policy shall be available online in the Fermilab policy database.

Revision History