FBI Clarifies Crime Database Privacy Protections
Published Date: 5/13/2026
Notice
Summary
The FBI is updating its National Crime Information Center (NCIC) records to better explain what info they collect and how it’s used to help catch bad guys, find missing people, and keep everyone safe. This change affects law enforcement and the public, and you have until June 12, 2026, to share your thoughts. No new costs are involved, just clearer info and stronger protections.
Analyzed Economic Effects
8 provisions identified: 2 benefits, 2 costs, 4 mixed.
NCIC Adds Extreme Risk Order Records
The NCIC will include an Extreme Risk Protection Order File that contains individuals subject to court orders temporarily restricting purchase or possession of firearms, ammunition, or related items, and individuals petitioning for those orders. This addition is described as the new category Y and file BB in the NCIC system of records.
NICS Denials Recorded in NCIC
The NCIC System of Records Notice clarifies that any individual for whom the National Instant Criminal Background Check System (NICS) records a 'denied' response may be included in the NICS Denied Transaction File within NCIC. The change updates category P to note inclusion of denied NICS transactions.
Temporary Wants Expanded, 48-Hour Expiry
The NCIC Wanted Person File policy now allows entry of Temporary Want records for misdemeanor crimes of violence as well as felonies. Temporary Want entries must be specifically identified and automatically expire 48 hours after entry.
NCIC Covers Active-Case Individuals
The NCIC clarifies that it may contain information about any individual named in active investigations, including suspects, subjects of interest, witnesses, or victims. This change revises category R to expand coverage to individuals associated with active investigations at any government level.
NCIC Sharing with NamUs for Case Matching
A new routine use (SS) permits sharing missing and unidentified person records from the NCIC with the National Institute of Justice and the NamUs system for case validation and data reconciliation, as required by Public Law 117-327. This applies to records in the Missing Persons File and the Unidentified Persons File.
NCIC Moves Records to FedRAMP Cloud
The NCIC system location and storage policies are updated to state that computerized records are stored in a government-approved cloud computing infrastructure (e.g., a FedRAMP approved provider such as Amazon Web Services, Herndon, VA) and may also be duplicated at FBI locations for backup, continuity, or support. The notice names Amazon Web Services as the cloud provider on the date of publication.
Transaction Logs Kept for Life of System
The NCIC Transaction Log will maintain transaction history for the life of the system; prior to 1990 transaction history had been retained for 10 years. The notice also states that search criteria from NICS background check queries are not logged.
Gun Dealers Can Verify Stolen Firearms
A new routine use (TT) allows a person licensed as an importer, manufacturer, or dealer of firearms to receive NCIC Gun File information when necessary to verify whether a firearm offered for sale to that licensee has been stolen. This change implements an update to 28 U.S.C. 534 as reflected in the notice.
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Key Dates
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