USDA Pushes Back Against Court Order Blocking Its Collection of SNAP Data
The U.S. Department of Agriculture (USDA) urged a court to deny a request for a temporary restraining order (TRO) that would prevent it from collecting personal data about millions of Supplemental Nutrition Assistance Program (SNAP) recipients. The plaintiffs -- a coalition of stakeholders led by the Electronic Privacy Information Center (EPIC) -- ​haven't proven harm, injury, standing or the likelihood of success of their claims, USDA said.
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EPIC and its coalition have alleged that the demand for SNAP data violates federal laws, including the Privacy Act or E-Government Act (see 2505290019).
Yet the USDA argued in court documents that federal law permits it to gather and "inspect the information in question and further governs the dissemination of that information consistent with the Privacy Act." These activities "bear no resemblance to the harms traditionally cognizable under Article III, and it is entirely speculative that any of the individual plaintiffs’ data will be further disclosed under USDA’s proposed routine uses."
The Administrative Procedures Act precludes EPIC's coalition from bringing its Privacy Act claim, USDA continued. In addition, USDA's "proposed routine uses easily pass the Privacy Act’s compatibility requirement." USDA requires the SNAP data as part of the agency's "statutory authority and fulfills a vital need to enforce SNAP requirements, ensure payment accuracy, and tamp down on fraud."
A coalition of states, led by California Attorney General Rob Bonta (D), slammed the data demand Friday (see 2507210036).
EPIC, along with MAZON: A Jewish Response to Hunger, students from the National Student Legal Defense Network and SNAP recipients, filed a lawsuit and TRO in case 25-01650 after USDA Secretary Brooke Rollins indicated she would begin enforcing a May 6 letter to state agency directors asking them to submit SNAP data to comply with a March executive order (see 2505290019).
In early June, the Trump administration announced it would back off its demand for states to submit SNAP data (see 2506030014); however, USDA published a System of Records Notice (SORN) on June 23 in an attempt to resolve the legal issues and resume collecting data (see 2507180027).