Information Sharing and Privacy After a Service Member’s Death

When a service member dies, some information about the death may be shared publicly. During such a difficult time, this may feel overwhelming. You might hear these details and wonder why that information was released and how much control you have over your privacy.

This article explains two types of information that may be released and what that means for survivors. It may also help casualty assistance officers explain information sharing and privacy options to survivors.

Types of information the military may release

After a service member’s death, the release of information generally falls into two categories:

• Standard information: data the War Department automatically releases
• Consent-based information: data only released with the survivor’s permission

Knowing the difference can help survivors better understand what they might see in the media and what protections they have regarding their personal information.

Standard information released after a service member’s death

Some information about a deceased service member can be released by the military without consent. This is, in part, because federal privacy protections under the Privacy Act generally apply only to living individuals, not to people who have died.

Standard information can include:

• Confirmation a service member has died
• The date and location of death
• The cause and manner of death

As a matter of policy, the military does not release casualty information to the media or the public until 24 hours after the last next of kin has been notified. In incidents involving multiple deaths, the 24-hour period begins only after all families have been notified.

This information may be shared with:

• News media
• Congress
• Official military channels

Media attention often depends on the circumstances of the death, such as whether it occurs during combat operations or in the case of high-visibility incidents. Information is sometimes gathered by the media from publicly available sources, including obituaries.

Survivor privacy and consent-based information

Your personal information as a survivor or next of kin is protected by federal privacy laws. Unlike service member information, your information generally cannot be released without your written consent.

Under the Privacy Act, the military generally cannot release records about living individuals without written consent, except in specific circumstances allowed by law. This protection applies even when information is requested under FOIA. Information may also be withheld under the FOIA if its release could cause potential distress to surviving family members.

This includes:

• Your contact information
• Your relationship to the service member
• Any other personally identifiable information, such as date of birth, personal address, medical information, etc.

You may be asked to provide consent for certain information to be released to the following parties for the purpose of offering condolences, support or assistance:

• Elected officials
• Nongovernmental organizations
• Third-party groups

This decision is yours. Choosing not to provide consent will not affect your benefits or the support you receive from the military.