DoD Merges Spy Files: Privacy Act Gets a Facelift
Published Date: 4/10/2026
Notice
Summary
The Department of Defense is updating how it handles records about people investigated for criminal misconduct. They’re combining two record systems into one clearer, stronger system called Inspector General Criminal Investigation Records (IGCIR). This change starts now, with a chance to comment by May 11, 2026, and it helps share info better while protecting privacy.
Analyzed Economic Effects
4 provisions identified: 0 benefits, 4 costs, 0 mixed.
DoD combines criminal-investigation records
The Department of Defense combined two record systems (CIG-04 and CIG-06) into one system called Inspector General Criminal Investigation Records (IGCIR). This consolidated system holds records about people investigated for criminal misconduct, including DoD civilian and military personnel, contract employees, visitors to DoD installations, and others identified as targets, subjects, informants, victims, or witnesses.
Expanded external information sharing rules
DoD added the standard DoD routine uses (A through J) and other routine uses that allow disclosures of IGCIR records outside DoD to many recipients, including contractors, federal/state/local law enforcement, foreign authorities, other inspector general offices, the Department of Justice, OPM, NARA, and the news media (with Inspector General approval). Comments on the Routine Uses are accepted through May 11, 2026, and the Routine Uses take effect at the close of that comment period unless changed by public comment.
Privacy Act exemptions claimed for records
The DoD is claiming exemptions that remove certain Privacy Act protections for this system. Portions of IGCIR are exempt from many Privacy Act provisions under 5 U.S.C. 552a(j)(2) and from proposed exemptions under 5 U.S.C. 552a(k)(1) and (k)(2), and an exemption rule is published in 32 CFR part 310.
Long-term retention of investigative records
Investigative records in IGCIR have long retention rules: some records are permanent and are retired to the Washington National Records Center (WNRC) 3 years after case closure and transferred to the National Archives in 5-year blocks when the newest case in the block has been closed for 25 years. Other records are temporary: retired to WNRC 3 years after case closure and destroyed 25 years after case closure.
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