RESOURCES AND PUBLICATIONS

FAQs

What are civil liberties?

Civil liberties are fundamental rights and freedoms protected by the Constitution of the United States. They protect individuals against undue government interference. Civil liberties are commonly thought of as the individual rights and freedoms provided in the first ten amendments to the U.S. Constitution, the Bill of Rights. To view the Bill of Rights, please click here.

What is an example of a civil liberty?

The U.S. Constitution provides multiple civil liberties including First Amendment freedoms of speech, assembly, press, and religion. To view civil liberties protected under the Bill of Rights, please click here.

What is DoD’s Civil Liberties Program?

In response to the terrorist attacks of September 11, 2001, Congress passed Public Law 110-53, “Implementing Recommendations of the 9/11 Commission Act of 2007.” This law codifies many recommendations of the 9/11 Commission including those that require DoD and other Federal agencies with anti-terrorism and law enforcement functions to safeguard civil liberties when sharing information.

In December 2009, DoD’s Civil Liberties Officer (Michael L. Rhodes, Director, DA&M) combined the Department’s civil liberties function with its longstanding Privacy Program to create the Defense Privacy and Civil Liberties Office (DPCLO). The DoD Civil Liberties Program assures Department-wide compliance with Section 803 of Public Law 110-53 by ensuring DoD appropriately considers privacy and civil liberties in its actions. It does this through advice, monitoring, official reporting, and training. The formal policy for the DoD Civil Liberties Program was signed by the Department’s Civil Liberties Officer on May 17, 2012, and is available here.

What role does DPCLO play in protecting privacy and civil liberties?

DPCLO is responsible for implementing the DoD Civil Liberties and Privacy Programs through advice, monitoring, official reporting, and training. In doing so, DPCLO assumes an active role in protecting the civil liberties and privacy rights of U.S. Armed Forces Service members, the DoD workforce, U.S. persons, and lawfully admitted aliens. To learn more about the DPCLO’s mission and functions, please click here.

What is the difference between the Privacy Act of 1974 and the right to privacy?

The Privacy Act of 1974 governs the collection, maintenance, use, and dissemination of Personally Identifiable Information (PII) about individuals that is maintained in systems of records by federal agencies. It generally prohibits the disclosure of information from a system of records without the written consent of the subject individual, unless the disclosure is pursuant to one of twelve statutory exceptions. The Privacy Act also provides individuals with a means to access and amend their records, and sets forth various agency record-keeping requirements. The DPCLO, through its oversight of the DoD’s Privacy Program, provides Department-wide policy for DoD’s implementation of the Privacy Act.

The right to privacy is a concept, rather than specific law. The Supreme Court has recognized that inherent in the U.S. Constitution is a right to privacy, which also can be described as the “right to be let alone.” This right to privacy is a civil liberty that protects the individual against governmental intrusion. One example of the right to privacy is the freedom to have privacy in one’s associations. DPCLO has oversight of the DoD Civil Liberties Program, which serves to protect individual privacy and civil liberties.

How do civil liberties differ from civil rights?

Civil liberties protect individuals against undue government interference. Civil rights, on the other hand, place an affirmative obligation on the government to protect individuals from discrimination based on race, ethnicity, age, sex, disability, genetic information, or religion.

The DoD Civil Liberties Program does not address civil rights given that its controlling law, Section 803 of Public Law 110-53, does not use the term “civil rights.” However, civil liberties and civil rights often overlap. For example, a civil rights complaint involving religious discrimination in the workplace might also implicate civil liberties if the complainant was disciplined by her employer for expressing religious beliefs that are protected by the First Amendment (i.e., freedom of religion).

Do civil liberties extend to Service members?

Yes. DoD military and civilian personnel are entitled to civil liberties, but they are not without limits. This is especially true for the military. DoD’s mission to protect the security of our country may necessitate the sacrifice by its Service members of some of the very rights it defends. For example, restrictions that limit Service members’ free speech are often justified given the military's interest to preserve order and discipline. The Supreme Court has identified the military as a specialized society that separates it from civilian society, and in many instances, entitles Service members to fewer speech rights than civilians.

How do I submit a complaint to DPCLO?

Please follow the guidelines set forth in DPCLO’s “How to Report a Privacy or Civil Liberties Violation” instructions. These guidelines will specify the information that should be included in your complaint letter and provide general information about the civil liberties complaint process. To view “How to Report a Privacy or Civil Liberties Violation” with DPCLO, please click here.

What redress or remedies are available for civil liberties complaints?

Although the controlling law for the DoD Civil Liberties Program, Section 803 of Public Law 110-53, does not establish specific redress to individual complainants, it ensures that the investigatory processes that provide redress for civil liberties complaints are adequate. Additionally, DoD’s Civil Liberties Officer might recommend training or policy changes if he discovers multiple violations and/or he believes the process of receiving, investigation, responding to, redressing or reporting civil liberties allegations is inadequate.

Does the DoD Civil Liberties Program protect against actions of reprisal or retaliation?

Yes. The governing statute, Section 803 of Public Law 110-53 speaks directly to acts of reprisal. Specifically, it prohibits reprisals or threats of reprisals against individuals who make complaints or disclose information that indicates a possible violation of privacy protections or civil liberties in the administration of the programs and operations of the Federal government, unless the complaint was made or the information was disclosed with the knowledge that it was false or with willful disregard for its truth or falsity.

Is DPCLO required to submit reports of DoD’s civil liberties activities to Congress?

Yes. Section 803 of Public Law 110-53 requires DPCLO to submit DoD’s Civil Liberties Reports to Congress on a quarterly basis. After the DPCLO prepares a consolidated report for review by DoD’s Civil Liberties Officer (Michael L. Rhodes, Director, DA&M), a final report is submitted to eight congressional committees as required by the controlling law. The committees are:

• Senate Committee on Armed Services
• House Committee on Armed Services
• Senate Select Committee on Intelligence
• House Permanent Select Committee on Intelligence
• Senate Committee on Homeland Security and Governmental Affairs
• House Committee on Oversight and Government Reform
• Senate Committee on the Judiciary
• House Committee on the Judiciary

Public Law 110-53 also requires DoD to make these reports available to the public, so DPCLO has posted them on its website. To view copies of civil liberties reports submitted to Congress, please click here.

Does DoD’s civil liberties report include personal or sensitive information?

No. Quarterly reports do not include Personally Identifiable Information (PII) such as an individual’s name, social security number, or address. Classified information is also excluded from reports. The controlling law for the DoD Civil Liberties Program only requires DoD to report the number, nature, and disposition of all complaints received. Therefore, no sensitive or classified information is included. To view copies of civil liberties reports submitted to Congress, please click here.

Does DPCLO have a plan to increase awareness of the DoD Civil Liberties Program?

Yes. DPCLO values transparency and is actively engaged in civil liberties training, as well as multiple media campaigns to increase awareness about civil liberties, DPCLO, and the DoD Civil Liberties Program. A few examples include print media articles posted on www.defense.gov and video broadcasts on The Pentagon Channel, The American Forces Network, and DoDLive. DPCLO also actively participates in events and symposiums to increase awareness.