In its new guidance, the department threatened any state’s refusal to release this data could “trigger noncompliance procedures,” potentially leading to lawsuits or the withholding of federal funds.
A recently-filed lawsuit claims that the U.S. Department of Agriculture’s demand for data on millions of food stamp recipients is in violation of federal privacy statutes.
According to National Public Radio, the USDA released guidance earlier this month directing states to turn sensitive information over to the agency through third-party payment processors, “including but not limited to” the names, dates of birth, addresses, and Social Security numbers of all applicants and recipients of the Supplemental Nutrition Assistance Program (SNAP).
The scope of the USDA’s request is sweeping, demanding data on the tens of millions of Americans who have received SNAP benefits at any point in the last five years.
In its new guidance, the department threatened any state’s refusal to release this data could “trigger noncompliance procedures,” potentially leading to lawsuits or the withholding of federal funds.
The lawsuit, filed on behalf of several college students receiving SNAP benefits and two non-profit organizations, asks a federal court to find the administration’s actions unlawful. It was filed by attorneys from MAZON: A Jewish Response to Hunger and the Electronic Privacy Information Center, or EPIC.
“This urgent litigation seeks to ensure that the government is not exploiting our most vulnerable citizens by disregarding longstanding privacy protections, depriving the public of critical information regarding data collection and protections, and eviscerating the public’s right to comment on the mass collection and consolidation by the federal government of sensitive, personal data of tens of millions of individuals who rely on federal food assistance benefits,” the lawsuit alleges.”
In their complaint, the plaintiffs say that the U.S. Department of Agriculture’s request deviates from standard data-collection procedures. The USDA did not, for instance, give the general public any opportunity to comment on the proposed rule change, nor did it publish an assessment of how the changes could impact SNAP recipients’ privacy.
The Trump administration has previously claimed that its sole intent is to “remove … data silos” and uphold a March 20 executive order entitled ‘Stopping Waste, Fraud, and Abuse by Eliminating Information Silos.’ In an electronic press release issued earlier this month and republished, in part, by NPR, the agency explained that it is seeking “unfettered access to comprehensive data from all state programs that receive federal funding,” including any and all information held by “third-party databases.”
The same email notes that the USDA’s office of general counsel is currently “determining if this new data sharing guidance falls under an existing published System of Records Notice or if it requires its own published noticed.”
“All personally identifiable information will comply with all privacy laws and regulations and will follow responsible data handling requirements,” the agency said in its email.
Sources
Lawsuit challenges USDA demand for food stamp data as some states prepare to comply
Privacy and hunger groups sue over USDA attempt to collect personal data of SNAP recipients
Join the conversation!