White House Pauses Demand for SNAP Recipients' Data After TRO

The administration's pause comes after EPIC and a coalition of stakeholders filed a lawsuit and a motion for a temporary restraining order (TRO) to block the federal government from what they allege is an illegal demand for SNAP recipients' information (see 2505290019). The White House outlined its request for the data May 6 in a letter to state agency directors.

“This is a victory for tens of millions of SNAP recipients and anyone who cares about protecting our personal data against government abuse,” said John Davisson, director of litigation and senior counsel at EPIC.

In a sworn declaration filed in the U.S. District Court for the District of Columbia on Friday, senior U.S. Department of Agriculture (USDA) official Shiela Corley said the federal agency hasn't collected the SNAP data and will not follow through with its plan to do so.

Corley added that before any information is sent to USDA, as outlined in the May 6 letter, the agency would take "procedural steps to ensure that data received [will] be appropriately safeguarded and ... satisfy all necessary legal requirements.”

In addition, before any of the data reaches USDA, it "intends to publish a new [System of Records Notice (SORN)] in compliance with the Privacy Act." USDA began work on the SORN "prior to the filing of this lawsuit, and it is currently in the final stages of review,” and it “will not take effect until all procedural steps have been satisfied,” Corley added.

The suit in case 25-01650, filed on May 22, alleges that the demand for states to supply SNAP data is illegal, as federal laws -- including the Privacy Act, E-Government Act and Paperwork Reduction Act -- provide safeguards for personal data.

Besides EPIC, plaintiffs include SNAP recipients, MAZON: A Jewish Response to Hunger, Project Democracy and students from the National Student Legal Defense Network.

“When you’re struggling to put food on the table and rely on SNAP to make ends meet, the last thing you need to be worried about is whether those benefits are stable,” said plaintiff and SNAP recipient Diana Ramos in EPIC's press release. "I’m relieved by the USDA’s declaration today, even if it’s only temporary relief.”

The coalition of stakeholders followed up their lawsuit with a TRO, filed on May 27, to block the USDA.

“No agency has the authority to bypass the foundational protections that safeguard Americans’ right to privacy,” said Nicole Schneidman, technology policy strategist at Protect Democracy. “The USDA’s declaration to ‘satisfy all necessary legal requirements' is a step in the right direction, but we plan to continue this fight. Let other agencies take note -- no one is above the law.”

In a blog post Tuesday, the Electronic Frontier Foundation called the executive order demanding the SNAP information "troubling," and applauded the lawsuit attempting to block the data access. "Whether you're seeking services from the government or a company, we all deserve privacy rights," said associate director of legislative activism Hayley Tsukayama, who authored the blog. "Accessing public benefits to feed yourself shouldn't require you to give those up."

"It's particularly important to respect privacy for government programs that provide essential support services to vulnerable populations, such as SNAP," she continued. "Often, fear of reprisal and inappropriate government data sharing, such as immigration status of household members not receiving benefits, prevents eligible people from enrolling in food assistance despite need," which "runs counterproductive to the goals of the program."