Electronic Privacy Information Center v. United States Dep't of Commerce
The Electronic Privacy Information Center filed a lawsuit challenging the Commerce Department’s decision to add a citizenship question to the 2020 Census without conducting and publishing Privacy Impact Assessments that analyze how citizenship data will be handled.
This case is pending in the U.S. District Court for the District of Columbia.
The Electronic Privacy Information Center (EPIC) is suing the United States Department of Commerce under the Administrative Procedure Act to compel the Department to create and publish Privacy Impact Assessments required by the E-Government Act of 2002. The plaintiffs contend that the Commerce Department and the Census Bureau failed to conduct and publicly release a “legally sufficient” Privacy Impact Assessment for the “collection, processing, and storage” of personally identifiable citizenship data on the 2020 Census.
The plaintiffs are asking the court to enjoin the Commerce Department from including the citizenship question on the 2020 Census until the Department has published a “full and complete” Privacy Impact Assessment.
On January 18, the plaintiffs filed a motion for preliminary injunction. On February 11, the court denied the plaintiffs' request to enjoin the Commerce Department from including the citizenship question to the 2020 Census.
- Complaint (November 20, 2018)
- Motion for Preliminary Junction (January 18, 2019)
- Defendants' Memorandum in Opposition to Motion for Preliminary Junction (January 30, 2019)
- Reply in Support of Plaintiffs' Motion for Preliminary Junction (February 5, 2019)
- Memorandum Opinion Denying Motion for Preliminary Injunction (February 8, 2019)