Court ruling forces release of FSA databases

Thursday, May 15, 2008 4:26 PM MDT

WASHINGTON, D.C. - Producers may have reason to be concerned about confidentiality after a court ruling recently forced the Farm Service Agency to release its databases to a national publishing company.

The U.S. Court of Appeals for the District of Columbia ruled on Feb. 15 that the U.S. Department of Agriculture’s (USDA) Farm Service Agency (FSA) must release its compliance database, geospatial information system database and 11 other databases to Multi Ag Media, LLC.

Multi Ag Media, LLC is described as a publishing company that sells custom lists to ag marketers. An FSA press release described the databases requested by the firm as "complex and statistically detailed" allowing the disclosure of farming operation details at specific geographic locations.

The U.S. Cattlemen’s Association (USCA) said today that the ruling will likely set a precedent affecting the release of other information gathered by USDA agencies and programs.

"One of U.S. cattle producers’ primary concerns about the National Animal Identification System (NAIS) has been the forced disclosure of proprietary business information through the Freedom of Information Act (FOIA)," said Jon Wooster, USCA President. "It appears those concerns are warranted. This ruling calls into question any assurances by USDA of confidentiality."

The court’s decision allowed FSA to withhold Social Security numbers and names of individuals. FSA officials warned that based on the information provided it would not be difficult to link farm numbers to specific property and then determine who the information is attributed to.

"While NAIS remains voluntary on the national level, we know that in Colorado an attempt is being made to force compliance with the premises registration component of NAIS for 4-H and FFA youth who want to compete at their state fair, affecting not just the youngsters but their families and the family property as well," said Wooster. "This court ruling is a significant turn of events, sending a signal that families who enroll their premises and livestock in the program may not be protected from exposure. Congress must address the confidentiality issues before livestock identification moves forward any further."

Established in March 2007, USCA is committed to concentrating its efforts in Washington, DC to enhance and expand the cattle industry’s voice on Capitol Hill. USCA has a full-time presence in Washington, giving cattle producers across the country a strong influence on policy development.

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