Filed Date: Nov. 20, 2018
Closed Date: April 27, 2020
Clearinghouse coding complete
On November 20, 2018, the Electronic Privacy Information Center (EPIC), an independent non-profit research center dedicated to privacy and civil liberties issues, filed this lawsuit in the U.S. District Court for the District of Columbia. The case was assigned to District Judge Dabney L. Friedrich. The plaintiff sued the United States Department of Commerce and its agency, the Bureau of the Census, under the Administrative Procedure Act (APA) and the Declaratory Judgment Act.
EPIC, represented by its own in-house counsel, alleged that the Census Bureau’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, was in violation of the APA and the E-Government Act of 2002. The plaintiff specifically alleged 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, as required by the E-Government Act.
The plaintiff sought injunctive and declaratory relief. Specifically, EPIC sought to compel Department to create and publish Privacy Impact Assessment, and requested that the Court 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, 2019, the plaintiff filed a motion for preliminary injunction. On February 8, the Court denied the plaintiff's request for a preliminary injunction to enjoin the Commerce Department from including the citizenship question to the 2020 Census. 356 F.Supp.3d 85. The Court found that the plaintiff did not have a high likelihood of success on the merits - the touchstone of the preliminary injunction inquiry. The Court reasoned that plaintiff did not have a high likelihood of success on the merits, because the Bureau did not act contrary to the E-Government Act by deciding to collect citizenship data before conducting, reviewing, or releasing a PIA addressing that decision. EPIC immediately appealed.
On March 11, the defendants moved to dismiss the case. On June 28, the Court of Appeals vacated the district court’s denial of the preliminary injunction and remanded the case for the purpose of dismissal. The court found that the organization lacked standing as they failed to show injury. 928 F.3d 95.
On August 12, 2019, the plaintiffs filed a petition for rehearing, which was denied on September 16. The district court dismissed the case for lack of jurisdiction on October 3. Although the plaintiffs appealed to the U.S. Supreme Court on December 16, 2019, certiorari was denied on April 27, 2020. 2020 WL 1978949.
The case is now closed.
Summary Authors
Michael Beech (2/16/2019)
Averyn Lee (6/6/2020)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/8222591/parties/electronic-privacy-information-center-v-united-states-department-of/
Friedrich, Dabney Langhorne (District of Columbia)
Sentelle, David Bryan (District of Columbia)
Butler, Alan (District of Columbia)
Davisson, John L. (District of Columbia)
Rotenberg, Marc (District of Columbia)
Borson, Joseph Evan (District of Columbia)
Carroll, Sarah (District of Columbia)
Hunt, Joseph H. (District of Columbia)
Stern, Mark B (District of Columbia)
Wells, Carlotta (District of Columbia)
Friedrich, Dabney Langhorne (District of Columbia)
Sentelle, David Bryan (District of Columbia)
Butler, Alan (District of Columbia)
Davisson, John L. (District of Columbia)
Rotenberg, Marc (District of Columbia)
Borson, Joseph Evan (District of Columbia)
Carroll, Sarah (District of Columbia)
Hunt, Joseph H. (District of Columbia)
Stern, Mark B (District of Columbia)
Wells, Carlotta (District of Columbia)
Wolfe, Kristina Ann (District of Columbia)
See docket on RECAP: https://www.courtlistener.com/docket/8222591/electronic-privacy-information-center-v-united-states-department-of/
Last updated April 28, 2023, 3:17 a.m.
State / Territory: District of Columbia
Case Type(s):
Public Benefits/Government Services
Special Collection(s):
Key Dates
Filing Date: Nov. 20, 2018
Closing Date: April 27, 2020
Case Ongoing: No reason to think so
Plaintiffs
Plaintiff Description:
Electronic Privacy Information Center
Plaintiff Type(s):
Non-profit NON-religious organization
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
United States Census Bureau , Federal
Defendant Type(s):
Case Details
Causes of Action:
Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.
Declaratory Judgment Act, 28 U.S.C. § 2201
Available Documents:
Outcome
Prevailing Party: Defendant
Nature of Relief:
Source of Relief:
Content of Injunction:
Issues
General:
Type of Facility: