When Julliana Samson enrolled in the Supplemental Nutrition Assistance Program (SNAP) to help afford her meals while studying at the University of California, Berkeley, she had to provide extensive personal information to the state. Now, she is apprehensive about how this sensitive information might be utilized. The U.S. Department of Agriculture (USDA) has made an unprecedented request for states to share the personal data of millions of federal food assistance recipients by July 30, amid a federal lawsuit aiming to delay this data collection.
The USDA is mandating that states provide identifying information on all SNAP recipients and applicants since 2020. This includes names, dates of birth, addresses, Social Security numbers, and details on the amount of benefits received over time. States that fail to comply with this data demand risk losing federal funding. For individuals like Samson, who are among the over 40 million monthly SNAP beneficiaries, this shift in data control raises significant privacy concerns.
Samson, alongside three other SNAP recipients, a privacy organization, and an anti-hunger group, has initiated a federal lawsuit challenging the USDA's data request. They argue that the agency has not adhered to the protocols mandated by federal privacy laws. Recently, they requested a federal judge to intervene and delay the July 30 deadline, with a hearing set for July 23.
"I am worried my personal information will be used for things I never intended or consented to," Samson expressed in her public comment on the USDA's plan. She further voiced concerns that the data could be weaponized against student activists with differing political views.
Samson's worries are echoed by several senators. On Thursday, 13 Democratic senators, spearheaded by California's Sen. Adam Schiff, criticized the USDA's public notice which grants itself sweeping authority over the use of SNAP recipients' data. "This policy would transform a program that feeds millions of Americans into a tool of government mass surveillance," the senators stated, urging the agency to reconsider its course to avoid potential violations of federal law.
The USDA's extensive data request coincides with the Trump administration's aggressive measures to collect personal data on U.S. residents. This includes linking data sets across various government agencies for purposes such as immigration enforcement and identifying potential fraud. A recent agreement allows Immigration and Customs Enforcement (ICE) to access personal information of Medicaid recipients to locate undocumented immigrants, raising further alarm about the implications of such data sharing.
The USDA initially announced its data request in May, citing the need to ensure program integrity as outlined in President Trump's executive orders aimed at combating fraud and ensuring that public benefits are not misused by undocumented immigrants. However, critics argue that the USDA's justification lacks transparency and does not align with the original purpose of SNAP.
The USDA temporarily halted its data request in late May following the filing of the federal lawsuit and later issued a Systems of Record Notice (SORN) on June 23, allowing public comments on the proposed data collection. Plaintiffs in the lawsuit contend that this notice is unlawful because it suggests the USDA intends to use SNAP recipients' data in ways that extend beyond its original purpose.
Nicole Schneidman, a technology policy strategist at the nonprofit Protect Democracy, emphasized the sensitivity of the data involved, noting that the USDA's overbroad SORN attempts to circumvent the original legislative intent of the Food and Nutrition Act.
Samson articulated her fears in her public comment, stating that when she initially provided her sensitive information to California, it was solely for determining her eligibility for SNAP. "Now, this notice from the federal government indicates plans to share my data with other federal agencies for reasons unrelated to fraud detection in the SNAP program," she expressed, highlighting her unease over potential misuse of her personal data.
Another plaintiff, Catherine Hollingsworth, a 76-year-old SNAP recipient in Alaska, echoed these concerns, questioning whether the federal government would eventually gain access to her extensive personal records, including medical and financial information.
As the USDA prepares to commence its data collection on July 24, following the closure of the public comment period, states are weighing their options. While some states have indicated plans to comply, others, like Maryland, have expressed their commitment to safeguarding residents' personal information. "We will protect Marylanders' personal information by following the law," stated Maryland Department of Human Services press secretary Lilly Price.
The lawsuit regarding SNAP data collection is one of numerous legal challenges facing the Trump administration's efforts to access and consolidate sensitive information about American citizens. Recently, 20 states filed a lawsuit over the sharing of Medicaid data with ICE. As the situation unfolds, the implications of these data-sharing policies on privacy and security remain a significant concern for many.
