Democratic AGs Push Back Against USDA Demand for SNAP Recipient Data

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  • A group of 21 Democratic AGs and the Governor of Kentucky have filed a lawsuit challenging a directive by the U.S. Department of Agriculture requiring states to turn over the personal information of individuals who apply for or receive food assistance benefits under the federally funded, state-administered Supplemental Nutrition Assistance Program (SNAP, formerly known as food-stamps). The lawsuit, filed in the Northern District of California, alleges that this mandate violates multiple federal privacy laws, the U.S. Constitution, and the Administrative Procedure Act and seeks declaratory and injunctive relief, attorneys’ fees and costs, among other relief.
  • Separately, Washington AG Nick Brown has filed a lawsuit against Fidelity Information Services, the private contractor responsible for delivering food assistance benefits in Washington. The complaint seeks to prevent FIS from disclosing Washington residents’ personal data to the USDA, alleging that such disclosure would breach FIS’s contract with the state and potentially violate Washington’s consumer protection and anti-discrimination laws. AG Brown seeks injunctive and declaratory relief, restitution, civil penalties, damages, and attorneys’ fees and costs, among other forms of relief.
  • We have previously reported other state AG challenges to the disclosure of personal data to the federal government, including a group of Democratic AGs who sued DHS and HHS over the alleged sharing of individuals’ personal health data with ICE.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

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