32 C.F.R. § 635.5 Police intelligence/criminal information.
Title 32 - National Defense
(a) The purpose of gathering police intelligence is to identify individuals or groups of individuals in an effort to anticipate, prevent, or monitor possible criminal activity. If police intelligence is developed to the point where it factually establishes a criminal offense, an investigation by the military police, U.S. Army Criminal Investigation Command (USACIDC) or other investigative agency will be initiated. (b) Information on persons and organizations not affiliated with DOD may not normally be acquired, reported, processed or stored. Situations justifying acquisition of this information include, but are not limited to— (1) Theft, destruction, or sabotage of weapons, ammunition, equipment facilities, or records belonging to DOD units or installations. (2) Possible compromise of classified defense information by unauthorized disclosure or espionage. (3) Subversion of loyalty, discipline, or morale of DA military or civilian personnel by actively encouraging violation of laws, disobedience of lawful orders and regulations, or disruption of military activities. (4) Protection of Army installations and activities from potential threat. (5) Information received from the FBI, state, local, or international law enforcement agencies which directly pertain to the law enforcement mission and activity of the installation provost marshal office, MACOM provost marshal office, or that has a clearly identifiable military purpose and connection. A determination that specific information may not be collected, retained or disseminated by intelligence activities does not indicate that the information is automatically eligible for collection, retention, or dissemination under the provisions of this part. The policies in this section are not intended and will not be used to circumvent any federal law that restricts gathering, retaining or dissemination of information on private individuals or organizations. (c) Retention and disposition of information on non-DOD affiliated individuals and organizations are subject to the provisions of AR 380–13 and AR 25–400–2. (d) Police intelligence will be actively exchanged between DOD law enforcement agencies, military police, USACIDC, local, state, federal, and international law enforcement agencies. One tool developed by DOD for sharing police intelligence is the Joint Protection Enterprise Network (JPEN). JPEN provides users with the ability to post, retrieve, filter, and analyze real-world events. There are seven reporting criteria for JPEN: (1) Non-specific threats; (2) Surveillance; (3) Elicitation; (4) Tests of Security; (5) Repetitive Activities; (6) Bomb Threats/Incidents; and (7) Suspicious Activities/Incidents. (e) If a written extract from local police intelligence files is provided to an authorized investigative agency, the following will be included on the transmittal documents: “THIS DOCUMENT IS PROVIDED FOR INFORMATION AND USE. COPIES OF THIS DOCUMENT, ENCLOSURES THERETO, AND INFORMATION THEREFROM, WILL NOT BE FURTHER RELEASED WITHOUT THE PRIOR APPROVAL OF THE INSTALLATION PROVOST MARSHAL.” (f) Local police intelligence files may be exempt from certain disclosure requirements by AR 25–55 and the Freedom of Information Act (FOIA).
Title 32: National Defense
PART 635—LAW ENFORCEMENT REPORTING
Subpart A—Records Administration
§ 635.5 Police intelligence/criminal information.
