Safety privilege is based on a national defense need for rapid and accurate assessment of the causes of mishaps to prevent a recurrence and maintain mission readiness.

Privileged safety information is exempt by case law from disclosure outside the DoD Safety Community, which consists of DoD personnel and certain contractors with a specific need-to-know for the prevention of mishaps. The military safety privilege is judicially recognized and protects the investigative process and promises of confidentiality. The DAF treats this information as limited use/limited access.

Because they contain privileged information, all class A–E mishap safety reports, all nuclear surety safety reports, and some safety studies are privileged. However, not all information in these reports is privileged.

Any analysis or deliberation and any photos or diagrams revealing the analysis or deliberative process of safety investigators is privileged. Computer generated animations are privileged. Witness statements given pursuant to a promise of confidentiality are privileged.

Photos of mishap sites that do not reveal investigator analysis is not privileged. Witness statements not given pursuant to a promise of confidentiality are not privileged. These types of things are essentially raw evidence and can be shared with members of legal investigations or Accident Investigation Boards.

Note: these are not complete lists. See DAFI91-204 Sec 4.4.

The DAF may give a promise of confidentiality to encourage frank and open communication with personnel involved in a safety investigation. A statement taken under a promise of confidentiality is privileged. However, if an individual provides a false statement to a safety investigator under a promise of confidentiality, that entire statement loses its privileged status and can be used to support disciplinary and/or adverse administrative actions.

If witnesses provide statements without a promise of confidentiality, the interviewer will inform the witness that their statement will be provided to the Accident Investigation Board (if applicable) or other legal investigations and/or may be releasable to the public pursuant to a Freedom of Information Act request.

Promises of confidentiality are authorized in investigations of DAF nuclear surety, space, aviation, guided missile, directed energy, and friendly fire mishaps. Promises of confidentiality are not authorized for explosives, small arms, chemical agents, afloat, ground, motor vehicle, off-duty military mishaps, incidents, and hazards, with some exceptions.

Only certain members of an Interim Safety Board or a Safety Investigation Board may offer promises of confidentiality, and may only do so during an investigation where doing so is authorized.

Accident investigations are separate from and independent of safety investigations. The purpose of an AIB is to conduct a legal investigation to inquire into all the facts and circumstances surrounding aerospace and ground accidents, to prepare a publicly releasable report, and to obtain and preserve all available evidence for use in litigation, claims, disciplinary action, and adverse administrative action.

AIB reports are provided and personally briefed to the next-of-kin of persons killed and to individuals seriously injured in an accident. They are written to be publicly releasable to members of the public, media, Congress, and government agencies upon request. They can also be used to assist in adjudicating claims or contracts in favor of or against the United States, and in defending litigation against the United States.