By Glenn Velazquez-Morales
In another example of the recurring discussion about the relationship between the Privacy Act of 1974 and the Freedom of Information Act (FOIA), the National Pork Producers Council denounced that the Environmental Protection Agency (EPA) released personal and “business-confidential” data of U.S. hog farmers to various interest groups in the United States.
The Pork Producers alleged that, in early February, the EPA disclosed information including home addresses, phone numbers, e-mail addresses, and information related to business operation of several hog and other poultry farmers to various environmental groups, including the Natural Resources Defense Council, Earth Justice and the Pew Charitable Trusts. The Council denounced that the information was gathered from several state water agencies in order to create a national database as part of a proposed rule known as the Concentrated Animal Feeding Operations. Later, after harsh criticism of many farmers and agriculture interest groups, the proposed rule was tabled. However, several environmental interest groups who supported the rule have publicly requested the information to be released and formally asked the EPA to do so under several dispositions of FOIA.
On the other hand, the EPA reacted to this allegation through a short statement in which expressed that the release of information was legitimate and required by law under the Freedom of Information Act. In addition, the EPA announced that the information will be publicly available throughout the US.
This controversy has the potential of being actively litigated if some of the farmers allege actual damages under Section 552a(g)(4) of the Privacy Act. Moreover, because this was a disclosure of a national database of hundreds of dozens of farmers across the US, it may be possible to foresee a class action suit against the EPA. However, as have been expressed by several Courts and legal experts, the interaction between the Privacy Act and FOIA is complicated because of the legitimate goals and values that these two statutes seems to protect. In this case, the legitimate privacy claim of the farmers will have to be weighted against the promotion of public transparency of the EPA throughout its rule-making process.
Here is the link to a report from the Des Moines Register regarding this controversy and the EPA response:
Here is the link to the press released issued by the National Pork Producers Council:
http://www.nppc.org/2013/02/epa-releases-confidential-farm-data/