As the USDA has made huge demands on the sensitivity of the state and its contractors to tens of millions of food aid recipients, a payment processor has so far stated its intention to hand over the data to federal agencies.

Meanwhile, advocates of privacy and civil liberties say the U.S. Department of Agriculture’s unprecedented demand for sensitive state data is illegal, and warns through third-party contractors that the request may be a new playbook for the federal government to traditionally safeguard the state’s data.

The controversy over the participation data on SNAP’s Supplementary Nutrition Assistance Program has sparked controversy as Republican lawmakers propose deep cuts to the program, and the efficiency of the Interim Government Department of Efficiency has been accumulating data on Americans and residents of various federal agencies, including immigration enforcement and fraud. Privacy advocates warn that data compilation efforts may lead to government surveillance of scales that have never been seen before.

Last week, a USDA Food, Nutrition and Consumer Services consultant sent a letter to the states asking for personal data from SNAP applicants and recipients, but not limited to “name, date of birth, personal address and social security number used”, dating back to January 1, 2020.

The letter said federal agencies will request data through third-party payment processors contracted with states and will use the data to ensure the integrity of the food assistance program and verify the recipient's qualifications.

The letter cites President Donald Trump’s March 20, 2025 executive order, “stop waste, fraud and abuse by eliminating information silos” that requires “unrestricted access to comprehensive data on all state programs that receive federal funds,” including “third-party databases.”

Civil liberties and privacy advocates say USDA directives could set shocking precedents.

“If any private company is processing and having access to sensitive data from the states, it’s a dangerous and very slippery slope that meets such federal requirements,” said Nicole Schneidman, the lawyer and technical policy strategist for protecting democracy, who described himself as “an inter-thinking nonprofit organization” dedicated to defeating threatening threats and protecting freedom.

"This will validate a strategy where the government's pressure on suppliers effectively allows federal access to state data while performing final operations in each state," Schneiderman said.

An email from the NPR review showed that Fidelity Information Services or FIS contracted with many states to process electronic benefits transfer transactions for SNAP programs and sent a signal to its state partners on Friday aimed at complying with USDA’s request.

The email, according to recent USDA guidance, said: "(w)e ​​understands that USDA has the right to receive the required information, and FIS as your 'contractor' must disclose it." The email requires states to "confirm your written consent" by May 14.

FIS declined to answer NPR's questions about data retained by the company on SNAP recipients. The company's email to states mentioned USDA's "request for record of SNAP cardholders and transaction data."

Legal Warning

Late Monday, a coalition of legal groups sent letters to FIS and two other SNAP payment processors (Conduent and Solutran) deeming USDA’s data requirements do not comply with various federal laws, including the Privacy Act, the Reduction Paperwork Act or the agency’s own legal requirements and should not be followed.

"Because the request itself is legally insufficient, your company may impose the responsibility of sharing individuals (personally identifiable information) in the absence of a valid government request," the letter reads. It is signed by attorneys from the Center for Protecting Democracy, the Center for Democracy Technology and the Center for Electronic Privacy Information.

The Legal Alliance forwarded the letter to lawyers in various states.

Conduent, another leading payment processor for SNAP, told NPR in a statement by spokesman Neil Franz that the company "understands the importance of handling privacy data correctly."

"As a contract-backed provider, we are the data custodians representing customers," Franz wrote in an email on Tuesday. "The channel communicates directly with our customers."

The USDA's letter request data warns: "Failure to authorize the processor or take the steps required to provide fast data for the FNS may trigger a violation of the procedure."

Several states told NPR that they are reviewing data requests.

Summer Griffith, spokesman for the Illinois Department of Human Services, wrote in an email that the agency "concerns about the possibility of sharing personal data between federal agencies in order to violate the legally stipulated parameters, including federal regulations that specifically limit Snap data disclosure."

The agency is “carefully evaluating each data request and considering all legal options to protect personal privacy”, she wrote.

How the current government uses and accesses data is being litigated, with more than a dozen federal lawsuits related to Doge's access to sensitive personal and financial records.

A federal judge on Monday refused to prevent the IRS from sharing tax data on certain immigrants with immigration and customs enforcement to help deport.

The NPR report found that before the U.S. Department of Agriculture sent the letter to all states last week, the agency's Inspector General's Office had asked the country's largest state to provide broader data on SNAP recipients, including at least one state, citizenship, emails obtained by the NPR Show.

"All personally identifiable information will comply with all privacy laws and regulations and follow responsible data processing requirements," the USDA told NPR in a statement last week.

NPR's Ximena Bustillo and Stephen Fowler contributed the report.

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