How Can the Government Use the Information It Has About Me?

When you file taxes, apply for a passport, or use a government service, your personal data is logged in federal databases. While this information serves practical purposes, it also raises critical privacy concerns.

Constitutional provisions like the Fourth Amendment and laws like the Privacy Act establish protections, but government agencies still have broad authority to collect and use data. Whether you’re concerned about surveillance, data misuse, or protecting your privacy, understanding the legal landscape and reaching out to a civil rights lawyer as needed is crucial.

Ways the Federal Government Collects Information

The federal government collects data in a variety of ways. The Federal Bureau of Investigation (FBI) and other United States government intelligence agencies collect data for the purpose of crime prevention, investigation, and national security.

Several law enforcement networks, such as the National Crime Information Center (NCIC), are used as databases to compile information. These databases will have information on criminal backgrounds, fingerprints, and DNA databases. Law enforcement agencies use surveillance methods such as wiretaps, phone monitoring, and internet data to investigate suspected criminal activity.

Social Media Data

Sometimes, government agencies will work with social media platforms to gather information or use it for digital surveillance.

The FBI, U.S. Department of Homeland Security (DHS), and Central Intelligence Agency (CIA) monitor public social media platforms for indicators of criminal or terrorist activity. The government might indirectly access personal data through third-party data brokers that gather information from public records, online activities, and purchases. Data brokers compile information from social media, consumer purchases, public records, and other sources, creating detailed profiles of individuals.

Data Brokers

The U.S. Immigration and Customs Enforcement (ICE) has purchased data from data brokers to track immigration-related activity. Similarly, DHS collects data related to immigration, border security, and counterterrorism.

Tools like the Automated Targeting System (ATS) track individuals and cargo crossing U.S. borders. DHS also gathers data from the Traveler Redress Inquiry Program (TRIP), profiling individuals who may pose security risks.

The Internal Revenue Service (IRS) collects information provided in tax returns and related supporting documents. The IRS will work with other federal agencies in criminal investigations to prevent fraud and money laundering.

Biometric Data

With modern technological innovation, a new form of data collection has become popular. Government agencies are now collecting biometric data:

• The National DNA Index System (NDIS) collects genetic data for criminal investigations, often from individuals who have been arrested or convicted
• The FBI’s Next Generation Identification (NGI) system gathers biometric data for criminal identification purposes
• The Transportation Security Administration (TSA) uses biometric data to streamline airport security
• The Customs and Border Protection (CBP) uses facial recognition for entry and exit tracking
• The U.S. Department of Defense (DOD) collects biometric data for security and identification, particularly in conflict zones.
• U.S. Citizenship and Immigration Services (USCIS) may use biometric information for visa applications, immigration status, and background checks

Surveillance and National Security

The National Security Agency (NSA) collects vast amounts of telecommunications data through programs like PRISM and Upstream for national security purposes.

The CIA uses intelligence from foreign and domestic sources, including data intercepted through foreign communications, social media monitoring, and data mining. The Foreign Intelligence Surveillance Court (FISA) approves requests for data collection related to national security threats (for example, foreign surveillance), which has been controversial regarding privacy.

The NSA collects large-scale internet and phone metadata, including call detail records and email metadata, for national security purposes. Concerns for terrorism and national defense often justify national security surveillance programs, but there are significant privacy rights debates regarding the extent of surveillance conducted without warrants.

Types of Information the Government Holds

While different U.S. government agencies collect and use different information, it can be organized into different categories.

Generally, the government collects, holds, and uses personally identifiable information. Data like social security numbers and other personally identifiable information are used to track individuals in criminal intelligence. Agencies will use publicly available data to protect public interest. For example, people who publicly post on social media do not have an expectation of personal privacy. User data shared in a public group can be collected and used to track hate groups, social unrest, and terrorism activities.

The requested information collected from data brokers can vary significantly. It could include confidential information that the government is restricted from collecting through other methods. It could also include general public information, social media data, or even consumer purchasing habits.

The fact that the government collects information that U.S. citizens provide is no surprise. The government is given data every time someone submits an application, document, or tax return. The filing of annual tax returns is an influx of financial data. Filing for a birth certificate, visa, passport, concealed weapons permit, professional license, or driver’s license involves giving the government information. This data can vary from basic public data to unique biometric screening of fingerprints, iris scans, or facial recognition.

Legal Frameworks Authorizing Data Use

Not all information is automatically protected. Personally identifiable information (PII) is protected. This includes any information that can be used to identify an individual. Examples of PII include name, address, email, phone number, social security number (SSN), driver’s license number, and passport number.

Sensitive information is also protected. This information could cause harm to someone if exposed. Privacy laws and regulations protect private information and are typically restricted to the individual it pertains to or authorized parties. Examples of these federal laws include:

• The Privacy Act of 1974
• Family Educational Rights and Privacy Act (FERPA)
• Health Insurance Portability and Accountability Act (HIPAA)

In addition to federal protections, state laws also afford citizens protections

Restrictions on Government Use of Data

The government cannot use your personal data for whatever it wants. The U.S. Constitution contains several amendments that afford citizens protection.

Fourth Amendment Protections

The Fourth Amendment protects citizens from unreasonable searches and seizures. This means the government cannot look for and take information for no reason. Government agencies need a search warrant backed by probable cause to access personal data such as emails, phone records, or personal files.

Fifth Amendment Protections

The Fifth Amendment protects against self-incrimination and ensures due process. In some cases, individuals cannot be compelled to provide personal information or data that might incriminate them (e.g., refusing to provide a passcode to unlock a phone).

Fourteenth Amendment Protections

The Fourteenth Amendment guarantees equal protection under the law and prohibits the government’s arbitrary denial of life, liberty, or property. States must also respect individuals’ due process and equal protection rights regarding personal data. It also protects against discriminatory surveillance practices.

Privacy Act of 1974

The Privacy Act of 1974 limits how the government collects, uses, and shares personal data. Agencies can only collect data that is relevant and necessary for their duties. They cannot disclose personal information without the individual’s consent unless explicitly authorized by law.

People have the right to access their personal records and request corrections if the data is inaccurate or incomplete. However, data related to criminal investigations, national security, and law enforcement may be exempt from these provisions in certain situations.

Exemptions of Data Use

The protection afforded citizens is not all-encompassing. The Privacy Act applies to information maintained in systems of records, which contain personal data about individuals and are retrieved using personal identifiers. Information gathered for criminal investigations can be exempt from disclosure or correction. Data related to national security or intelligence activities is often exempt from public access. Some information is exempt if its disclosure could interfere with the fair trial process or involve confidential sources.

Under the Freedom of Information Act (FOIA), records that could harm national defense or foreign relations when released are exempt. Information that could invade another individual’s privacy is also exempt. There are also exemptions for records related to law enforcement, business trade secrets, or internal agency procedures.

Previous court rulings also provide possible exemptions. Legal precedents, such as Carpenter v. United States (2018), hold that law enforcement must obtain a warrant to access historical cell phone location data.

How To Discover What Information the Government Holds About You

There are two methods for finding out what information a government agency has about you. The method you choose will depend on the agency you are requesting from and the type of information you are seeking to find out about:

• FOIA requests. Typically used to request records from government agencies that are publicly accessible, with a focus on transparency and accountability.
• Privacy Act requests. Generally used to request personal records that are maintained by federal agencies and protect your personal data from unauthorized disclosure.

Freedom of Information Act (FOIA)

If you are concerned about what information the government has collected about you, you can submit a request for your data. Prepare and submit a Freedom of Information Act (FOIA) request to the federal agency from which you want the information. A U.S. citizen, permanent resident, and certain foreign nationals can submit a request.

The first step is to identify the specific government agency you want to submit your request to. A FOIA request must be as specific as possible when listing the information you are seeking. To submit your request, do so at the specific agency’s FOIA office. Some agencies require requests to be submitted in writing, while others have online forms. Agencies are required to respond to FOIA requests within 20 business days, though delays may occur depending on the complexity of the request and the volume of records requested.

Some information is exempt from disclosure, including national security data, personal privacy information, and law enforcement materials. Depending on the complexity and type of information requested, there may be associated fees you must pay. In some situations, the fees could be waived if the request is in the public interest.

You can appeal the decision or take legal action if your request is denied. A higher authority within the agency reviews the appeal. After denial, you have the right to appeal the decision to the agency, and if the appeal is unsuccessful, you can file a lawsuit in federal court.

Privacy Act Requests

Another option is to make a Privacy Act request to find out what information an agency has and how it is used.

Start by locating the agency’s system of records. Federal agencies must publish a list of systems of records they maintain in the Federal Register. These systems of records contain the personal information held by each agency. You must send a written request to the agency that holds the records, specifying what personal data you are seeking. Most agencies require proof of identity to ensure the information is disclosed to the correct individual. For example, a copy of a driver’s license or other form of government-issued ID may be requested.

Types of Requests Under the Privacy Act

Requests can typically be submitted via mail, email, or an online portal, depending on the agency. You can request a range of personal information, such as your VA health records, other government-held medical records, employment records, immigration files, and Social Security paperwork. Individuals have the right to access information about themselves, request corrections or updates to inaccurate data, and understand how their information is being used by the government. Agencies are required to respond to Privacy Act requests within 10 business days. However, it can take longer depending on the complexity of the request and the volume of records involved.

If you believe that your personal information is incorrect, incomplete, or irrelevant, you have a right to request the information be corrected or amended. If the agency denies your request for a correction, you can appeal the decision within the agency. You can seek judicial review in federal court if your appeal is denied.

While the Privacy Act governs federal agencies, many states have their own privacy laws. For example, Florida’s Information Protection Act (FIPA) and Virginia’s Consumer Data Protection Act (VCDPA) provide residents with rights to request, delete, and manage their personal data collected by businesses. These laws may influence how agencies collect data at the state level.

Actions To Take If Your Data Is Used Inappropriately

If you believe that a government agency has misused your private information, you have legal recourse options available to you. Data misuse is defined as a situation where personal data is collected, used, or disclosed without consent or in a way that violates your privacy rights. It could be unauthorized sharing of the information or selling it to a third party. Speaking with a lawyer can help you understand the relevant laws under which you could make a claim.

The facts of the situation will determine the relevant law, making it necessary to speak with an attorney who has experience with the application of privacy protection laws. The next step is to contact the government agency responsible for the misuse and notify them of the violation.

You can challenge the misuse by filing with the appropriate protection agency. For example, the Federal Trade Commission (FTC) deals with issues involving identity theft. The state attorney general has enforcement authority for their respective state’s consumer protection laws. They represent individuals in prosecutions of entities that mishandle such information. The Consumer Financial Protection Bureau (CFPB) deals with financial data misuse.

If the misuse of data causes significant harm, you may be able to file a civil lawsuit for damages. This may involve claims under the Fair Credit Reporting Act (FCRA), data breach laws, or state consumer protection laws.

Protect Your Information

It’s important for individuals to take active steps to protect their information and data. Use encryption for sensitive data and implement strong, unique passwords for all accounts. Enable two-factor authentication (2FA) where possible. Use tools like credit monitoring services and bank alerts to catch any unusual activity early.

Many services are available for free or at low cost to help identify fraud. Limit the amount of personal data shared and delete unnecessary information from online platforms and services. Ensure that all devices and applications are updated with the latest security patches to prevent vulnerabilities from being exploited.

When and How To Seek Help

If you believe your personal data has been stolen or misused, you must immediately report the violation to the authorities. If your financial information has been compromised or misused, report it to the relevant financial institutions and regulatory bodies. You may need to contact regulatory authorities like the FTC or your state’s consumer protection office if a company or organization is misusing your personal data (for example, selling it without consent or unauthorized sharing).

When filing your complaint, try to be as specific as possible. Include as much supporting documentation as possible. Be sure to follow all directions and requirements, as your inquiry or complaint could be procedurally rejected.

Find Legal Help

Understanding how the government collects, stores, and uses personal information is essential in an era of increasing digital surveillance and data sharing. From biometric data to financial records, agencies collect vast amounts of information, but legal safeguards exist to protect citizens from misuse or overreach.

Despite these protections, government data collection can sometimes overstep legal boundaries, leading to data privacy concerns. If you suspect your personal information has been mishandled or accessed unlawfully, working with an attorney can help ensure your personal information is safeguarded within the bounds of the law.