As the U.S. Department of Agriculture (USDA) makes sweeping demands on states and their contractors for the sensitive, personal data of tens of millions of food assistance recipients, one payment processor has so far signaled it intends to turn over data to the federal agency.
Meanwhile, privacy and civil liberties advocates say the USDA's unprecedented demand for sensitive state data is unlawful, and warn the request through third-party contractors could be a new playbook for the federal government to gain access to data traditionally maintained by states.
The controversy over participant data from the Supplemental Nutrition Assistance Program, known as SNAP, comes as Republican lawmakers are proposing deep cuts to the program and the ad-hoc Department of Government Efficiency has been amassing data on Americans and residents from various federal agencies for purposes that include immigration enforcement and searching for fraud. Privacy advocates warn the data compiling effort could lead to government surveillance on a scale never seen before.
Last week, an advisor for USDA's Food, Nutrition and Consumer Services sent a letter to states demanding personal data from SNAP applicants and recipients that included, but was not limited to, "names, dates of birth, personal addresses used, and Social Security numbers" going back to Jan. 1, 2020.
The letter said the federal agency would request the data through third-party payment processors that contract with states, and would use the data to ensure the integrity of the food assistance program and verify the eligibility of recipients.
The letter cited President Donald Trump's March 20, 2025 executive order, "Stopping Waste, Fraud and Abuse by Eliminating Information Silos," which calls for "unfettered access to comprehensive data from all state programs that receive federal funding" including from "third-party databases."
Civil liberties and privacy advocates say the USDA's directive could set an alarming precedent.
"If any private company who processes and has access to states' sensitive data complies with these kinds of federal demands, that is a dangerous and very slippery slope," said Nicole Schneidman, an attorney and technology policy strategist with Protect Democracy, which describes itself as "a cross-ideological nonprofit group" dedicated to defeating authoritarian threats and protecting freedoms.
"It would validate a tactic where government pressure on vendors effectively allows the federal government access to states' data while making an end run around states," Schneidman said.
Fidelity Information Services, or FIS, which contracts with many states to process electronic benefit transfer transactions for SNAP programs, signaled to its state partners on Friday it intended to comply with the USDA's request, according to an email reviewed by NPR.
The email said based on the USDA's recent guidance, "[W]e understand that USDA is entitled to receive the requested information and that FIS as your 'contractor' is required to disclose it." The email asked states to "confirm your written consent" by May 14.
FIS declined to respond to NPR's questions about what data the company retains on SNAP recipients. The company's email to states referred to USDA's "request for records regarding SNAP cardholder and transaction data."
A legal warning
Late Monday, a coalition of legal groups sent letters to FIS and two other SNAP payment processors, Conduent and Solutran, arguing the USDA's data demand does not comply with various federal laws, including the Privacy Act, Paperwork Reduction Act or the agency's own legal requirements, and therefore should not be followed.
"Because the request itself is legally deficient, your companies may incur liability under state law for sharing individuals' [personal identifying information] in the absence of a valid government request," the letter reads. It is signed by attorneys from Protect Democracy, the Center for Democracy & Technology and the Electronic Privacy Information Center.
The legal coalition forwarded the letter to states attorneys general.
Conduent, the other leading payment processor for SNAP, told NPR in a statement from spokesperson Neil Franz that the company "understands the critical importance of properly handling privacy data."
"In our role as a provider of contract support, we are the custodians of data on behalf of our clients," Franz wrote in an email on Tuesday. He wrote, "Conduent is communicating directly with our clients" regarding USDA's request.
The USDA's letter demanding data warns, "Failure to grant processor authorizations or to take the steps necessary to provide SNAP data to FNS may trigger noncompliance procedures."
Several states told NPR they are reviewing the data request.
Summer Griffith, a spokesperson for Illinois Department of Human Services, wrote in an email that the agency "has concerns about possible sharing of individual data among federal agencies in violation of the parameters established by law, including federal regulations specifically restricting the disclosure of SNAP data."
She wrote the agency is "evaluating each data request carefully and considering all legal options to protect individuals' privacy."
How the current administration is using and accessing data is being litigated in more than a dozen federal lawsuits that contest DOGE's access to sensitive personal and financial records.
On Monday, a federal judge declined to block the Internal Revenue Service from sharing some kinds of immigrants' tax data with Immigration and Customs Enforcement to aid deportation efforts.
NPR's reporting found that before the USDA sent the letter to all states last week, the agency's Office of Inspector General had asked the country's largest states for even more extensive data on SNAP recipients — including in at least one state, citizenship status, emails obtained by NPR show.
The USDA told NPR in a statement last week that, "All personally identifiable information will comply with all privacy laws and regulations and will follow responsible data handling requirements."
NPR's Ximena Bustillo and Stephen Fowler contributed reporting.
Have information you want to share about SNAP, DOGE access to government databases and immigration? Reach out to Jude Joffe-Block at JudeJB.10, Ximena Bustillo at ximenabustillo.77 and Stephen Fowler at stphnfwlr.25. Please use a nonwork device.
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