Privacy rights are a set of legal and human rights that give individuals control over their personal information and protect them, whether they are living or deceased.
Examples of releasable information for both the living and deceased include:
- Military or civilian grade and rank
- Race or national origin
- Salary and allowance information (except for basic housing allowance)
Examples of non-releasable information for the living or deceased include:
- Home of record
- Marital status
- Family member information
Download a PDF for a quick reference guide to releasable and non-releasable information for the living and deceased. These guidelines are based on the Privacy Act, FOIA and DoDI 1300.18 Department of Defense Personnel Casualty Matters, Policies, and Procedures.
Privacy Rights Alive vs. Deceased Guidelines (PDF)
In addition to the standard releasable and non-releasable information, some situations may impact if and when information can be released.
Other circumstances surrounding privacy rights
When releasing information regarding military personnel who are absent without permission:
- Limit release to information on the Department of War Form 553, Deserter/Absentee Wanted by the Armed Forces except for those blocks specifically prohibited.
Regarding prisoners of war and missing in action:
- Office of Secretary of War/Public Affairs regulates information release for POW/MIA situations.
- Since hostilities and conditions of peace vary, information policy changes periodically.
Regarding persons who've been alleged/convicted of a crime, the following information is releasable:
- Names of persons charged with crimes, unless the person is a minor
- Date and nature of the alleged offense, as shown in the court-martial order
- Sentence after a trial
- Type of punitive discharge (if any) from the military, and whether it was executed, suspended or remitted
- Confinement circumstances or date of release from confinement
- Previous convictions or absence of them
- Findings of guilty or not guilty
When releasing names after an accident:
- If, in the commander's judgment, releasing survivors’ names would reveal the identity of deceased individuals before the next-of-kin notification by 24 hours (e.g., in the case of crew members known by their families to customarily fly together), the survivors’ names may be withheld.
- Do this only when the potential for the NOK to deduce their loss through news stories and rumors on social media/spouse networks about the survivors is so strong that the circumstances clearly warrant leaving other families in suspense.
When a foreign national is an accident casualty:
- If a host nation agency does not locally employ the foreign national, the name is only releasable if the host nation coordinates and confirms that all NOK notifications have occurred.
- If a host nation agency locally employs the foreign national, the host nation’s agency rules take precedence.
- If local/national employees are injured on duty, overseas major commands must develop a policy for releasing names.
Regarding key U.S. and foreign government persons:
- If the following key persons are killed, injured or listed as missing while on a military installation or traveling in a government vehicle or aircraft, notify OSW/PA press desk for public announcement by the White House Press Secretary:
- The President of the United States
- The Vice President of the United States
- Speaker of the House of Representatives
- President Pro Tempore of the Senate
- Members of the Cabinet
- Foreign visitors of political or royal rank equivalent to the above list of U.S. officials and chiefs of foreign military services
- U.S. Senators
- U.S. Representatives
- Secretaries of the Military Departments
- The Joint Chiefs of Staff
- Commanders of combatant and specified commands
- Federal Government department heads
NOTE: Because of national and international interest and implications, carefully coordinate the release of casualty information concerning key U.S. government personnel or equivalent rank foreign government visitors.
The installation public affairs office withholds casualty information on the following officials until OSW/PA approves:
- All military officers and civilian employees in the grades of lieutenant general
- Senior executive service precedent priority code distinguished visitors 4 (or DV4) and above
If specific by-name queries are received, SAF/PA may authorize releasing casualty information before securing OSW/PA approval. Only do this when OSW/PA approval is unavailable to meet immediate needs.
See: Air Force Instruction 35-101, Public Affairs Operations, Chapter 2, Section 2B, Paragraphs 2.5-2.8 for more specific information.
Privacy Rights Alive vs. Deceased
| |
Privacy rights for the living |
Privacy rights for the deceased |
| Name |
Releasable, within the guidelines described within the DoDI 1300.18, Department of Defense Personnel Casualty Matters, Policies, and Procedures. If possible, release all services’ casualty names simultaneously. |
Releasable, within the guidelines described within the DoDI 1300.18, Department of Defense Personnel Casualty Matters, Policies, and Procedures. If possible, release all services’ casualty names simultaneously. |
| Age and date of birth |
Releasable only with permission from individual |
Releasable only after next of kin has been notified |
| Home of record (e.g., address and telephone number) |
Not releasable |
Not releasable |
| Sex |
Releasable only with permission from individual |
Releasable |
| Race or national origin |
Releasable |
Releasable |
| Marital status (e.g., single, divorced, married, widowed, etc.) |
Not releasable |
Not releasable |
| Family member information (e.g., number, age, sex or names) |
Not releasable |
Not releasable |
| Military or civilian grade and rank |
Releasable |
Releasable |
| Salary and allowance information |
Releasable, except for basic housing allowance |
Releasable, except for basic housing allowance |
| Administrative discharge boards |
Not releasable |
Not releasable |
| Selective early retirement boards and reduction in force boards |
Not releasable |
Not releasable |
| Official photographs and biographies of military and civilian personnel |
Releasable only with permission from individual |
Releasable only with permission from individual's family |
| Official photographs and biographies of individuals not described above |
Releasable only with permission from individual or if it is authorized by the Privacy Act |
Releasable only after the investigation has been completed and it has been 24 hours after the next-of-kin notification |
| Discharge status information (e.g., honorable, under honorable conditions, etc.)* |
Not releasable, unless individual gives written consent to release |
Not releasable, unless individual's family gives written consent to release |
| Information on ill or injured service members |
Releasable only with permission from individual or if it is authorized by the Privacy Act |
N/A |
| The apparent cause of death (e.g., homicide, suicide) |
N/A |
Not releasable until the investigation is completed and after consultation with the investigative agency. Release cannot be made until 24 hours after next-of-kin notification. |
| Current, past and future assignments |
Releasable, except sensitive and overseas assignments masked in unit records |
Releasable, except sensitive and overseas assignments masked in unit records |
| Current or future office and unit address and duty telephone number for personnel or units stationed overseas or for routinely deployable or sensitive units |
Not releasable |
Not releasable |
| Information concerning civilian educational degrees and major areas of study, school and year of graduation |
Not releasable, unless individual gives written consent to release |
Not releasable, unless family member gives written consent to release |
| Employers of Reserve or National Guard members |
Releasable only with consent of the Reserve or National Guard member |
N/A |
| Military awards, decorations or citations |
Releasable |
Releasable |
| Civilian awards |
Not releasable |
Not releasable |
| Regarding military personnel board decisions: Actions that affect groups (e.g., promotion boards or augmentation boards) |
Releasable |
Releasable |
| In the cases of service members who have been unaccounted for from past conflicts |
Public release cannot occur until 24 hours after the last of the next of kin accepts the member’s identification or 24 hours after the last of NOK has been notified that the Armed Forces Identification Review Board has upheld the identification. |
N/A |
| Regarding releasing the names of persons admitted to military medical facilities |
PA should coordinate responses to queries or news releases about the admittance or status of patients with the military treatment facility’s privacy officer. Each location is required to have an individual act in this capacity. |
N/A |
*If a case has received extensive publicity, the discharge status and condition information may be releasable. Consult the local Staff Judge Advocate, Secretary PA level or OSW/PA level for guidance in this situation.