States become new battleground for the Department of Government Efficiency’s aggregation of Americans’ personal data

Washington, D.C. (May 22, 2025) — Students, SNAP recipients, MAZON: A Jewish Response to Hunger, and the Electronic Privacy Information Center (EPIC) filed a complaint in federal court today challenging a demand from the U.S. Department of Agriculture (USDA) for states and third-party vendors to turn over the personal data of tens of millions of Americans who receive help buying food through the Supplemental Nutrition Assistance Program (SNAP). The plaintiffs are represented by the National Student Legal Defense Network, Protect Democracy, and the National Center for Law and Economic Justice (NCLEJ).

On May 6, the USDA sent a letter to state administrators demanding the social security numbers, addresses, and other sensitive personal information of all SNAP recipients on record since January 1, 2020. The USDA requested “unfettered access to comprehensive data,” including records stored by private companies that process SNAP payments, with no clear explanation for how this data will be used. The letter threatened that any failure to comply with the order could result in the withholding of funds to state agencies.

In an attempt to circumvent states, the USDA has pressured companies that process SNAP payments on behalf of states to turn over the personal data of SNAP recipients in their system. These companies include Conduent State & Local Solutions, Inc., Solutran LLC, and Fidelity Information Services (FIS). FIS agreed to comply with the USDA’s demand, asking its state clients to provide written consent by May 14.

The plaintiffs are accusing the USDA of violating several federal statutes, including the Paperwork Reduction Act, and the Privacy Act. 

In a joint letter to Conduent, Fidelity, and Solutran, a group of spokespeople for EPIC, the Center for Democracy and Technology, and Protect Democracy wrote, “USDA’s requests disregard the basic protections enacted by Congress to protect Americans’ sensitive data, and do not comply with the many legal requirements Congress placed on agencies before they are permitted to collect and store sensitive information about individual Americans.”    

“This urgent litigation seeks to ensure that the government is not exploiting our most vulnerable citizens by disregarding longstanding privacy protections, depriving the public of critical information regarding data collection and protections, and eviscerating the public’s right to comment on the mass collection and consolidation by the federal government of sensitive, personal data of tens of millions of individuals who rely on federal food assistance benefits,” according to the written complaint filed in the U.S. District Court for the District of Columbia. 

“From day one, we have been alarmed by the reckless and ridiculous actions of this Administration, particularly those initiated by the so-called ‘Department of Government Efficiency.’ This effort by USDA to exploit and surveil those struggling with food insecurity is simply beyond the pale in terms of its legality, not to mention morality,” said Abby J. Leibman, President & CEO of MAZON: A Jewish Response to Hunger. “When SNAP recipients give their private information to the government so that they can put food on the table, they do so under a promise that it will only be used for receiving critical food assistance benefits, not shared with those who have no right – let alone a need – to know. They do so with the understanding that their information will be kept private and safe. To discover that Brooke Rollins and the Department of Agriculture broke that promise is truly outrageous, and we are firmly committed to doing everything in our power to stop this appalling action. Hungry Americans deserve better than to have their basic needs weaponized against them.”

“No one should have to surrender their privacy to put food on the table. And for half a century, federal laws like the Privacy Act have struck a critical balance between protecting our personal information and administering public benefits like SNAP,” said John Davisson, Senior Counsel and Director of Litigation for EPIC. “Now it seems the USDA wants to destroy that balance and funnel sensitive beneficiary data into its own federal piggybank of personal information. But the law is clear: agencies can’t just hotwire the privacy safeguards that Congress has established. USDA has a legal obligation to protect the personal data of SNAP recipients, and we intend to enforce it.”

“SNAP is a vital lifeline for students who are trying to make ends meet while they work toward completing their degrees. We should be making it easier for eligible recipients to access the program—not treating it as a political weapon,” said Madeline Wiseman, Counsel at the National Student Legal Defense Network. “Across the federal government, we’ve seen DOGE and the Trump administration play fast and loose with Americans’ most personal data with no legitimate purpose. This is just another politically motivated fishing expedition that will have a chilling effect on so many low-income Americans.”

“If the federal government is allowed to target private companies and pressure them into disclosing sensitive data as an end run around states, it sets a dangerous precedent. This is a template for lawlessness that can be used by other agencies beyond USDA, making states the new battleground in the fight against DOGE’s oversteps into the lives of Americans,” said Nicole Schneidman, Technology Policy Strategist at Protect Democracy. “SNAP recipients did not forfeit their right to privacy when they applied to receive assistance for their most basic human needs. This demand puts states in a no-win situation where they must break the law and betray their citizens or risk losing essential funding.”   

“Low-income families rely on SNAP to stave off severe hunger and poverty, and it’s shameful that the program is being politically weaponized by this administration,” said Saima Akhtar, Senior Attorney at NCLEJ. “The federal government has no right to circumvent the states to get access to the private and sensitive data of SNAP recipients. We are proud to hold the line in defense of food benefits for millions of low-income people.”

You can learn more about the case on the Protect Democracy website. You can also find the full complaint and the press release on the Student Defense website, on the Protect Democracy website, and on the NCLEJ website.