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DPCLO Guidance

Defense Privacy Board Advisory Opinions

DISCLOSURE OF PHOTOGRAPHS IN THE CUSTODY OF THE DEPARTMENT OF DEFENSE

Photographs of members of the armed forces and Department of Defense employees taken for official purposes usually may be disclosed when requested under the Freedom of Information Act, 5 U.S.C. § 552, and the Privacy Act, 5 U.S.C. § 552a(b)(2), unless the photograph depicts matters that, if disclosed to public view, would constitute a clearly unwarranted invasion of personal privacy. 5 U.S.C. § 552(b)(6). Generally, award ceremony photographs, selection file photographs, chain of command photographs and similar photographs may be disclosed. Taking such photographs is not collection of information under 5 U.S.C. § 552a(e)(3), so a Privacy Act advisory statement is not required.