DoDI 5505.17

Department of Defense
INSTRUCTION
NUMBER 5505.17
December 19, 2012
IG DoD
SUBJECT:

Collection, Maintenance, Use, and Dissemination of Personally Identifiable
Information and Law Enforcement Information by DoD Law Enforcement
Activities

References: See Enclosure

1. 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).

2. 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

DoDI 5505.17, December 19, 2012
and law enforcement information during law enforcement functions and cautions DoD LEAs
when undertaking proactive measures to prevent or deter crime.

3. DEFINITIONS. See Glossary.

4. POLICY. It is DoD policy that:
a. DoD LEAs may collect, use, maintain, and disseminate PII and law enforcement
information in compliance with section 552a of title 5, United States Code (also known as “The
Privacy Act of 1974”) (Reference (h)), implemented in the DoD by DoDD 5400.11 (Reference
(i)) and DoD 5400.11-R (Reference (j)). DoD LEAs shall also comply with privacy and civil
liberties protections afforded by the U.S. Constitution and other Federal law when performing
their authorized functions.
b. When proposing, developing, and implementing DoD Directives, Instructions, and
Publications and other guidance that retains or enhances a particular authority, the DoD LEAs
shall balance the need to exercise that authority with the need to protect privacy and civil
liberties; provide adequate guidelines and oversight to properly confine its collection, use,
maintenance, and dissemination; and ensure adequate protections exist to protect privacy and
civil liberties in accordance with applicable laws and DoD policies.

5. RESPONSIBILITIES
a. IG DoD. The IG DoD shall monitor and evaluate compliance with this Instruction.
b. Heads of the DoD Components. The Heads of the DoD Components shall ensure
compliance with and prescribe procedures to implement this Instruction.

6. PROCEDURES
a. DoD LEAs may collect PII and other information in the course of law enforcement
functions, to include investigations, where that information logically relates to the detection,
neutralization, or deterrence of criminal activity that affects DoD personnel, property, or mission.
PII and law enforcement information will be managed in accordance with References (h) through
(j) and the DoD Component's records disposition requirements. If, during the course of an
otherwise lawful law enforcement function, DoD LEAs collect information related to criminal
activity that does not have a DoD nexus, that information shall be forwarded to the appropriate
law enforcement activity with jurisdiction over the matter. A record of this dissemination must
be kept by the DoD LEA.

2

DoDI 5505.17, December 19, 2012
b. Dissemination of PII: PII collected by LEAs may be disseminated in accordance with
References (h) through (j) and other applicable authorities. Examples of appropriate
dissemination include dissemination to:
(1) Other U.S. LEAs with a need to know for law enforcement rather than
administrative purposes.
(2) U.S. intelligence organizations with a need to know.
(3) Criminal justice authorities with jurisdiction over the matter, such as the Department
of Justice, U.S. Attorney’s Office, state prosecutors, and military officials responsible for the
administration of military justice (e.g., staff judge advocates, trial counsel, and convening
authorities), in accordance with chapter 47 of Reference (c) (also known and referred to in this
Instruction as the “Uniform Code of Military Justice (UCMJ),” for those persons subject to the
UCMJ.
(4) Other DoD Components, which require the information to make determinations
regarding debarment, eligibility to hold security clearances, special access, suitability
determinations and other administrative determinations. The recipient DoD Component may not
make a law enforcement record a permanent part of its system of records without prior
coordination with the originating LEA.

7. RELEASABILITY. UNLIMITED. This Instruction is approved for public release and is
available on the Internet from the DoD Issuances Website at http://www.dtic.mil/whs/directives.

8. EFFECTIVE DATE. This Instruction:
a. Is effective December 19, 2012.
b. Must be reissued, cancelled, or certified current within 5 years of its publication in
accordance with DoD Instruction 5025.01 (Reference (k)). If not, it will expire effective
December 19, 2022 and be removed from the DoD Issuances Website.

Lynne M. Halbrooks
Principal Deputy
Performing the Duties of the
Inspector General of the
Department of Defense

3

DoDI 5505.17, December 19, 2012
Enclosure
References
Glossary

4

DoDI 5505.17, December 19, 2012
ENCLOSURE
REFERENCES

(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)

DoD Directive 5200.27, “Acquisition of Information Concerning Persons and
Organizations not Affiliated with the Department of Defense,” January 7, 1980
DoD Directive 5106.01, “Inspector General of the Department of Defense (IG DoD),”
April 20, 2012
Title 10, United States Code
Title 18, United States Code
Executive Order 12333, “United States Intelligence Activities,” December 4, 1981
DoD 5240.1-R, “Procedures Governing the Activities of DoD Intelligence Components that
Affect United States Persons,” December 7, 1982
DoD Directive 5240.01, “DoD Intelligence Activities,” August 27, 2007
Title 5, United States Code
DoD Directive 5400.11, “DoD Privacy Program,” May 8, 2007
DoD 5400.11-R, “Department of Defense Privacy Program,” May 14, 2007
DoD Instruction 5025.01, “DoD Directives Program,” September 26, 2012
DoD Directive 5143.01, “Under Secretary of Defense for Intelligence (USD(I)),”
November 23, 2005

5

Enclosure

DoDI 5505.17, December 19, 2012
GLOSSARY
PART I. ABBREVIATIONS AND ACONYMS
DoDD
DoDI

DoD Directive
DoD Instruction

IG DoD

Inspector General of the Department of Defense

LEA

law enforcement activity

PII

personally identifiable information

UCMJ

Uniform Code of Military Justice
PART II. DEFINITIONS

Unless otherwise noted, these terms and their definitions are for the purpose of this Instruction.
crime prevention. Law enforcement or security procedures undertaken to discourage criminal
acts.
criminal investigation. Investigation into alleged or apparent violations of law undertaken for
purposes which include the collection of evidence in support of potential criminal prosecution.
criminal threat. Information disclosed to or obtained by law enforcement personnel that,
considering the source and nature of the information and the totality of the circumstances, is
sufficiently believable to lead a trained investigator to presume a threat of criminal activity exists
and that the threat will affect DoD personnel or property without employing law enforcement
countermeasures to lessen or stop the threat. Indiscriminate criminal activity that occurs miles
away from an installation or DoD function does not constitute a credible criminal threat unless
that entity has the ability to affect an installation, DoD function, or their personnel from a
distance.
defense counterintelligence. Defined in DoDD 5143.01 (Reference (l)).
defense intelligence. Defined in Reference (l).
DoD LEA. An agency or organization, or any subdivision thereof, chartered and empowered to
enforce the criminal laws of the United States on DoD property or during DoD functions
anywhere in the world. A traditional DoD law enforcement activity that employs recognized law
enforcement officers are those organizations designated for the security or protection of DoD
property, personnel, or places that are subject to the jurisdiction, administration, or in the custody
of the Department.

6

Glossary

DoDI 5505.17, December 19, 2012
Examples are the Pentagon Police Department, National Security Agency Police Department,
U.S. Army Military Police, U.S. Navy Masters-at-Arms, U.S. Air Force Security Forces, U.S.
Marine Corps Military Police, and the Service correctional commands. These activities as
designated may take reasonably necessary and lawful measures to maintain law and order and to
protect installation personnel and property.
Other examples of a DoD law enforcement activity are the DoD Inspector General and the
Defense Criminal Investigative Organizations (i.e., Defense Criminal Investigative Service, U.S.
Army Criminal Investigation Command, Naval Criminal Investigative Service, and Air Force
Office of Special Investigations). These activities are designated to provide oversight or engage
in work related to the planning, conducting, or managing of criminal investigations related to
alleged or suspected criminal violations of Federal laws and the UCMJ.
force protection. Preventive measures taken to mitigate hostile actions against DoD personnel
(to include family members), resources, facilities, and critical information. Force protection does
not include actions to defeat the enemy or protect against accidents, weather, or disease.
law enforcement functions. Lawful acts or services performed by certified or credentialed
personnel empowered to enforce criminal laws that deter or prevent crime. The primary
functions of DoD law enforcement officers are crime prevention, force protection, and criminal
investigations.
PII. Defined in References (h) and (l).
system of records. A group of records under the control of a DoD Component from which
personal information about an individual is retrieved by the name of the individual, or by some
other identifying number, symbol, or other identifying particular assigned, that is unique to the
individual.
valid DoD law enforcement purpose. An independent DoD purpose intended to maintain law
and order on DoD property as well as protect the force from credible criminal threats.

7

Glossary