Sunday, June 14, 2009

Personal Information

Back in the day, when the Privacy Act was first enacted, we notified all program participants their information was personal and protected from disclosure. Then, in the early 1990's, the Environmental Working Group took ASCS/USDA to court, saying that farm and program information was not personal. They won, at least at the circuit court level, and DOJ decided not to appeal to the Supreme Court. So our IT folks had to figure out how to provide the data to EWG, while masking the social security number (which was the primary key to a number of the files).

They did, and EWG put it online. I've used this data as an example of the problems of providing governmental transparency.

Meanwhile, FSA has been dealing with the current rules and issued an interesting notice AS-2179. Looking at the list of data which is protected, I'm not sure I see a clear line between what FSA is providing to EWG and what FSA has to protect. The notice doesn't provide a rationale for the division. But it's another example of the complexity the administration will run into as they push for open government.

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