scope:

PURPOSE. This Instruction, in accordance with the guidance in DoD Directive (DoDD) 5200.27 (Reference (a)) and the authority in DoDD 5106.01 (Reference (b)), establishes policy, assigns responsibilities, and prescribes procedures for DoD law enforcement activities (LEAs) to collect, maintain, use, and disseminate personally identifiable information (PII) and law enforcement information during law enforcement functions (e.g., crime prevention, force protection, and criminal investigations).

APPLICABILITY. This Instruction:

a. Applies to OSD, the Military Departments, the Office of the Chairman of the Joint Chiefs of Staff and the Joint Staff, the Combatant Commands, the Office of the Inspector General of the Department of Defense (IG DoD), the Defense Agencies, the DoD Field Activities, and all other organizational entities within the DoD (hereinafter referred to collectively as the "DoD Components.")

b. Applies only to DoD personnel (military and civilian) performing law enforcement functions in accordance with Title 10 or Title 18 of the United States Code (References (c) and (d)) or other authorities, and contractors supporting such DoD personnel.

c. Does not apply to defense intelligence or counterintelligence activities. Executive Order 12333 (Reference (e)), DoD 5240.1-R (Reference (f)), and DoDD 5240.01 (Reference (g)) govern the collection, retention, and dissemination of information concerning U.S. persons during defense intelligence or counterintelligence activities.

d. Does not limit or supersede any provisions of current DoD Directives, Instructions, or applicable law conferring the authority and responsibility on the DoD LEAs to enforce law, conduct criminal investigations, or protect DoD personnel and property. However, the Instruction does clarify limitations on the collection, maintenance, use, and dissemination of PII and law enforcement information during law enforcement functions and cautions DoD LEAs when undertaking proactive measures to prevent or deter crime.