Privacy advocates urge states not to comply with USDA requests for food stamp data

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Customers store  for nutrient   astatine  a market  store   connected  Feb. 12, 2025 successful  Austin, Texas.

Customers store for nutrient astatine a market store connected Feb. 12, 2025 successful Austin, Texas. Brandon Bell/Getty Images hide caption

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As the U.S. Department of Agriculture (USDA) makes sweeping demands connected states and their contractors for the sensitive, idiosyncratic information of tens of millions of nutrient assistance recipients, 1 outgo processor has truthful acold signaled it intends to crook implicit information to the national agency.

People store  successful  a supermarket successful  New York City connected  Feb. 20, 2025.

Meanwhile, privateness and civilian liberties advocates accidental the USDA's unprecedented request for delicate authorities information is unlawful, and pass the petition done third-party contractors could beryllium a caller playbook for the national authorities to summation entree to information traditionally maintained by states.

Speaker of the House Mike Johnson, R-La., appears astatine  a quality    league  astatine  the U.S. Capitol connected  May 6. Republicans are moving   to walk  a sweeping multi-trillion dollar program  to reshape tax, vigor  and migration  policy.

The contention implicit subordinate information from the Supplemental Nutrition Assistance Program, known arsenic SNAP, comes arsenic Republican lawmakers are proposing deep cuts to the program and the ad-hoc Department of Government Efficiency has been amassing information connected Americans and residents from assorted national agencies for purposes that see immigration enforcement and searching for fraud. Privacy advocates pass the information compiling effort could pb to authorities surveillance connected a standard ne'er seen before.

Last week, an advisor for USDA's Food, Nutrition and Consumer Services sent a letter to states demanding idiosyncratic information from SNAP applicants and recipients that included, but was not constricted to, "names, dates of birth, idiosyncratic addresses used, and Social Security numbers" going backmost to Jan. 1, 2020.

The missive said the national bureau would petition the information done third-party outgo processors that declaration with states, and would usage the information to guarantee the integrity of the nutrient assistance programme and verify the eligibility of recipients.

The missive cited President Donald Trump's March 20, 2025 executive order, "Stopping Waste, Fraud and Abuse by Eliminating Information Silos," which calls for "unfettered entree to broad information from each authorities programs that person national funding" including from "third-party databases."

Civil liberties and privateness advocates accidental the USDA's directive could acceptable an alarming precedent.

"If immoderate backstage institution who processes and has entree to states' delicate information complies with these kinds of national demands, that is simply a unsafe and precise slippery slope," said Nicole Schneidman, an lawyer and exertion argumentation strategist with Protect Democracy, which describes itself arsenic "a cross-ideological nonprofit group" dedicated to defeating authoritarian threats and protecting freedoms.

"It would validate a maneuver wherever authorities unit connected vendors efficaciously allows the national authorities entree to states' information portion making an extremity tally astir states," Schneidman said.

Fidelity Information Services, oregon FIS, which contracts with galore states to process physics payment transportation transactions for SNAP programs, signaled to its authorities partners connected Friday it intended to comply with the USDA's request, according to an email reviewed by NPR.

The email said based connected the USDA's caller guidance, "[W]e recognize that USDA is entitled to person the requested accusation and that FIS arsenic your 'contractor' is required to disclose it." The email asked states to "confirm your written consent" by May 14.

FIS declined to respond to NPR's questions astir what information the institution retains connected SNAP recipients. The company's email to states referred to USDA's "request for records regarding SNAP cardholder and transaction data."

A ineligible warning

Late Monday, a conjugation of ineligible groups sent letters to FIS and 2 different SNAP outgo processors, Conduent and Solutran, arguing the USDA's information request does not comply with assorted national laws, including the Privacy Act, Paperwork Reduction Act oregon the agency's ain ineligible requirements, and truthful should not beryllium followed.

"Because the petition itself is legally deficient, your companies whitethorn incur liability nether authorities instrumentality for sharing individuals' [personal identifying information] successful the lack of a valid authorities request," the missive reads. It is signed by attorneys from Protect Democracy, the Center for Democracy & Technology and the Electronic Privacy Information Center.

The ineligible conjugation forwarded the missive to states attorneys general.

Conduent, the different starring outgo processor for SNAP, told NPR successful a connection from spokesperson Neil Franz that the institution "understands the captious value of decently handling privateness data."

"In our relation arsenic a supplier of declaration support, we are the custodians of information connected behalf of our clients," Franz wrote successful an email connected Tuesday. He wrote, "Conduent is communicating straight with our clients" regarding USDA's request.

The USDA's missive demanding information warns, "Failure to assistance processor authorizations oregon to instrumentality the steps indispensable to supply SNAP information to FNS whitethorn trigger noncompliance procedures."

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Several states told NPR they are reviewing the information request.

Summer Griffith, a spokesperson for Illinois Department of Human Services, wrote successful an email that the bureau "has concerns astir imaginable sharing of idiosyncratic information among national agencies successful usurpation of the parameters established by law, including national regulations specifically restricting the disclosure of SNAP data."

She wrote the bureau is "evaluating each information petition cautiously and considering each ineligible options to support individuals' privacy."

How the existent medication is utilizing and accessing information is being litigated successful much than a dozen national lawsuits that contention DOGE's entree to delicate idiosyncratic and fiscal records.

U.S. Immigration and Customs Enforcement officers usage  a concatenation  to much  comfortably restrain a detained idiosyncratic   utilizing handcuffs positioned successful  front.

On Monday, a national justice declined to block the Internal Revenue Service from sharing immoderate kinds of immigrants' taxation information with Immigration and Customs Enforcement to assistance deportation efforts.

NPR's reporting recovered that earlier the USDA sent the missive to each states past week, the agency's Office of Inspector General had asked the country's largest states for adjacent much extended information connected SNAP recipients — including successful astatine slightest 1 state, citizenship status, emails obtained by NPR show.

The USDA told NPR successful a connection past week that, "All personally identifiable accusation volition comply with each privateness laws and regulations and volition travel liable information handling requirements."

NPR's Ximena Bustillo and Stephen Fowler contributed reporting.

Have accusation you privation to stock astir SNAP, DOGE entree to authorities databases and immigration? Reach retired to Jude Joffe-Block at JudeJB.10, Ximena Bustillo at ximenabustillo.77 and Stephen Fowler at stphnfwlr.25. Please usage a nonwork device.

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