Public Comment on USDA’s System of Records Notice for SNAP

Public Comment on USDA's System of Records Notice for SNAP

by Bethany Pray, Esq.| Aug 11, 2025

Equity work, federal action, Food, Research and Policy Analysis

The following public comment was submitted by Bethany Pray on behalf of CCLP on July 22, 2025, to the U.S. Department of Agriculture's Food and Nutrition Services, regarding System of Records Notice for USDA/FNS-15 "National Supplemental Nutrition Assistance Program (SNAP) Information Database." For more information see the notice of a new system of records on the Federal Register.

The Colorado Center on Law and Policy (CCLP) submits these comments in response to the System of Records Notice for USDA/FNS-15 "National Supplemental Nutrition Assistance Program (SNAP) Information Database," FNS-2025-0024-0001. CCLP is a statewide antipoverty organization advancing the rights of all Coloradans. CCLP engages in state legislation, rulemaking, litigation, and administrative advocacy, aiming to protect Coloradans' due process rights and economic health.

The proposed plan for a database of Personally Identifiable Information (PII) drawn from SNAP records will undermine privacy for millions and risk exposure of Coloradans' PII for years to come. The allowed purposes of disclosure outlined in the notice are in violation of the Privacy Act of 1974 and the SNAP Act. In addition, considering reports on the activities of individuals working for federal agencies since January 2025, there is a justifiable fear that the personnel who would have access to this database will continue to lack the training and expertise necessary to use and safeguard PII consistent with federal law. Coloradans provided their PII when applying for or renewing SNAP eligibility with the understanding, established by federal law and state regulations, that their PII would not be used for purposes other than SNAP administration and a small number of limited, enumerated purposes. They have not consented to uses beyond those currently permitted.

Creation of the proposed database would subject lower-income US residents to a level of surveillance that is contrary to public policy

The database proposed in the Notice subjects Coloradans who have utilized SNAP to a level of surveillance that is unprecedented, that undermines entitlement to public benefits, and that penalizes those with less income. Those who meet the eligibility requirements for SNAP are entitled to that benefit, designed by Congress to "promote the general welfare, to safeguard the health and well-being of the Nation's population by raising levels of nutrition among low-income households."[1] This policy would discourage enrollment by threatening applicants with the specter of long-term maintenance and dissemination of personal data, and by amplifying the risk that data will be exposed through a breach. We request that the Department identify a limitation on the period of time that information would be maintained, and a justification for the specific limitation.

This right to freedom from surveillance has roots in the U.S. Constitution. Substantive due process protects certain fundamental rights from government interference (grounded in the Fifth Amendment's protection against deprivation of life, liberty, or property without due process). Infringements on such rights require a sufficient purpose and narrow tailoring to fulfill that purpose. We ask that the Department provide a detailed list of the purposes for which this data would be used, and an explanation of why those purposes are consistent with the Privacy Act and SNAP Act.

Creation of the database would violate federal law and jeopardize the PII of Coloradans and other U.S. residents

Federal law on the SNAP program and the Privacy Act of 1974 prohibit use of recipients' personal information for the broad, non-routine, discretionary and arbitrary purposes described in the Notice. The default position in the SNAP Act is non-disclosure, unless certain requirements are met.[2] The SNAP Act allows disclosure only for the purposes of administration or enforcement,[3] and only to personnel who are directly involved in administration or enforcement of the SNAP program.[4]

The Notice would instead allow disclosure to virtually any federal agency or entity, at the discretion of USDA/FNS, though many federal agencies and entities have no plausible role in administration or enforcement of the SNAP Act. "Routine use" as defined in the Privacy Act, is specifically "use for a purpose which is compatible with the purpose for which it was collected."[5] The notice instead labels as "routine" an undefined universe of uses that could have little or nothing to do with the purpose of collecting the information, which was to ensure that eligible low-income Colorado households can access nutritious food and maintain better health.

Not just employees, but "contractors, grantees, experts, consultants, and the agents thereof," would have access to the database "when necessary to accomplish an agency function." [6] The open-ended nature of the phrase "an agency function" (emphasis added) would permit uses which jeopardize individuals' privacy. Even if, as stated in the notice, such individuals were required by USDA and FNS to comply with the Privacy Act, simply receiving the information and using for purposes other than the administration of SNAP or the enforcement actions authorized by the SNAP Act would violate federal law. With this database and similar actions already subject to legal challenges, [7] and with multiple recent reports of inappropriate access to data,[8] we would oppose implementation of the Notice as written.

As noted, because the notice also includes no limitation on the period data will be retained - despite the Privacy Act barring such open-ended policies[9] - the risk to Coloradans of misuse or breach will be ongoing.

Please provide an explanation of how access to the data would be limited to the appropriate personnel and for the limited purposes permitted under the SNAP Act, and designate a specific retention period, as required by law.

Uses proposed for the database are duplicative and wasteful

Purposes that appear consistent with the purposes of the SNAP program are in fact duplicative and wasteful. One stated purpose of the database is to verify individuals' eligibility. However, federal law states clearly that the state agency, rather than USDA/FNS is responsible for eligibility determinations.[10] Another stated purpose is to ensure that SNAP recipients are not enrolled in more than one state. The National Accuracy Clearinghouse already serves that function, and it uses protocols that protect individuals' privacy and prevent misuse of data.[11]

We ask that the Department provide an explanation of how creation of this database - if it were amended to comply with the Privacy Act and SNAP Act - would be consistent with government efforts to reduce duplicative, wasteful initiatives.

Coloradans did not consent to sharing of their SNAP data

Colorado regulations, in keeping with the Privacy Act, assure applicants and enrollees in SNAP that their information is confidential and will not be shared except to specified state and federal agencies for specified, limited purposes.[12] Text incorporated into benefits applications in Colorado makes similar assurances, and Coloradans have applied for benefits with the understanding that there are guardrails regarding the use and safety of their information. Unless Coloradans give consent to the proposed, broad use of their data, their data must not be included in the proposed database.

The SNAP Act also requires that in order for SNAP data to be made available for inspection and audit by USDA/FNS, states and the federal government must come to agreement on data and security protocols.[13] Considering the vast expansion of potential uses for the data contemplated in the Notice, a new agreement would have to be reached by USDA/FNS and states before any action is taken by the state to provide data, and by USDA/FNS to collect data or stand up a database.

Based on the foregoing, we ask that the Notice be withdrawn. The proposed database and its proposed uses would violate federal law, and are a poor use of scarce resources. If the Department is unwilling to withdraw the notice, we ask that it provide the explanations and justifications requested, and amend the policy to conform with legal requirements.

Sincerely,

Bethany Pray, Esq.
Chief Legal and Policy Officer
Colorado Center on Law and Policy

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[1] 7 USC § 2011

[2] 7 USC § 2020(e)(8)

[3] 7 USC § 2020(e)(8)(A)(ii)

[4] 7 USC § 2020(e)(8)(A)(i)

[5] 5 USC § 552(a)(7)

[6] Notice, "Routine Uses of Records Maintained in the System, Including Categories of Users and Purposes of Such Uses," subsection (7).

[7] ACLU v. U.S. Social Security Administration, 1:25-cv-01217; Center for Taxpayer Rights v. Internal Revenue Services, 1:25-cv-00457; American Federation of Government Employees, AFL-CIO v. U.S. Office of Personnel Management, 1:25-cv-01237; American Federation of Teachers v. Bessent, 1:25-cv-00430 (preliminary injunction granted); Pallek v. Rollins, 1:25-cv-01650.

[8] Stein, Jeff. Treasury revoked editing access 'mistakenly' given to DOGE staffer. Washington Post, Feb. 11, 2025. https://www.washingtonpost.com/business/2025/02/11/doge-treasury-access-marko-elez/; McLaughlin, Jenna. A whistleblower's disclosure details how DOGE may have taken sensitive labor data. NPR, April 15, 2025. https://www.npr.org/2025/04/15/nx-s1-5355896/doge-nlrb-elon-musk-spacex-security

[9] 5 USC § 552a(E)(4)(e)

[10] 7 USC § 2020(a)(1)-(6)

[11] U.S. Dep't of Agric., SNAP Database -Letter to State Agencies, July 9, 2025, https://www.fns.usda.gov/snap/admin/database-letter

[12] 10 CCR 2506-1 4.140.B.

[13] 7 USC § 2020(a)(3)(B)(i)

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