USDA’s Controversial Data Collection on SNAP Recipients Paused Amid Legal Challenges
The U.S. Department of Agriculture (USDA) recently initiated a controversial demand for personal data from states and payment processors concerning recipients of federal food assistance. This request, however, has been temporarily halted due to ongoing legal proceedings. The USDA’s plan involved collecting sensitive information under the pretext of improving program efficiency, but it faced immediate challenges regarding privacy concerns.
According to a USDA official’s court statement, the agency has not yet started acquiring the personal data of Supplemental Nutrition Assistance Program (SNAP) beneficiaries. This pause follows a lawsuit filed by a coalition of groups, arguing that the USDA’s directive infringes on federal privacy laws.
In April, a letter from the USDA mandated states to provide data on individuals who had applied for or received SNAP aid within the past five years. The data sought included names, birth dates, Social Security numbers, and addresses, and states were instructed to submit this information via third-party contractors managing electronic bank transfers.
This directive cited an executive order by President Donald Trump aimed at eliminating information silos to combat waste and fraud. The order advocated for federal agencies to gain unrestricted access to data from state programs receiving federal funding, including third-party databases.
Over recent months, the Department of Government Efficiency has compiled data across agencies, furthering administration objectives like immigration enforcement. Notably, USDA’s inspector general had previously requested similar data from several states, focusing on details such as citizenship status.
Iowa and Ohio were among the states preparing to comply with the USDA’s data request before the legal challenge. A coalition of advocacy groups filed a lawsuit against the USDA, asserting that the data collection was unlawful and procedural requirements were not met.
Sheila Corley, chief of staff to the USDA’s deputy undersecretary, stated in court filings that the USDA had instructed EBT processors to withhold data submission until procedural steps were completed to ensure data protection and legal compliance. However, the exact timing of this instruction remains unclear.
Recent communications from payment processors like Fidelity Information Services (FIS) suggested that the USDA’s data collection could soon commence, instructing states to confirm consent for the data transfer.
Compliance with Privacy Act Requirements
The USDA’s actions are under scrutiny for potential violations of the Privacy Act, which mandates that federal agencies provide public notice and justification for new data collections involving personal information. Corley’s declaration indicated that the USDA was developing a System of Record Notice (SORN) to comply with these requirements.
Legal representatives for the plaintiffs view the USDA’s response as a temporary victory, highlighting the agency’s acknowledgment of privacy laws. However, the USDA’s data request remains contested, with plaintiffs arguing it is “arbitrary and capricious” and advocating for its complete cessation.
SNAP benefits are vital for over 40 million Americans, yet the program faces potential cuts following a House Republican bill proposing significant reductions.
This article was originally written by www.npr.org
