Collection of identifying information on such an NDAP is acceptable as long as the information acquired is limited to the scope of the investigation.
342) Second, DoD personnel may not acquire information about an NDAP solely because that person lawfully advocates measures in opposition to Government policy.
Careful redaction (with the assistance of the supporting SJA office) of any NDAP personally identifying information (PII) would ensure such reports emphasize activities, since NDAP identities would be redacted.
Some misconduct that violates the rights of a USP or NDAP may also violate the Uniform Code of Military Justice (as a violation of a lawful regulation or as dereliction of duty) while not implicating a federal statute.
The second form of information, Non-Defense Personnel Information (NDPI), is information about NDAPs that was not acquired for DoD law enforcement purposes, but was nonetheless developed during the performance of official DoD or military operations.
The true challenge arises in that, just as in the case of domestic intelligence collection activities, DoD collection of domestic information regarding NDAPs in the United States may seem inconsistent with if not counterintuitive to, command responsibilities overseas.
The sensitive information rules apply any time any information is acquired on identified or identifiable NDAPs and their activities, whether inside the United States or anywhere else in the world.
321) These three missions constitute, essentially, the only exceptions to the overarching DoD policy against collecting information on NDAPs.
27, information may be acquired about activities of identified NDAPs who are threatening, or have threatened, military and civilian DoD personnel and defense activities and installations including vessels, aircraft, communications equipment, and supplies.