EPIC has told a House committee that the Freedom of Information Act is critical to keep the Department of Homeland Security accountable. The House Homeland Security Committee held a hearing this week on "The Public’s Right to Know: FOIA at the Department of Homeland Security.” EPIC has brought many FOIA cases against the DHS, including those concerning backscatter x-ray devices in airports, a DHS program to track journalists, and the CBP biometric entry-exit system. In 2011, EPIC urged Congress to end the agency’s political review of FOIA requests. In 2012, EPIC led an effort to reform the DHS treatment of fee wavers. And in 2016, the DHS revised FOIA regulations, reflecting several of EPIC’s recommendations. In comments this week, EPIC observed that DHS’s FOIA processing does not compare favorably with other federal agencies. EPIC recommended that DHS improve the processing of FOIA requests and respond to appeal authorities. EPIC wrote that continued oversight of the DHS is critical. "No federal agency has greater budget authority to develop systems of surveillance directed towards U.S. residents,” EPIC said.
EPIC has advised the FBI to withdraw a proposal to remove Privacy Act compliance obligations for the National Crime Information Center. The FBI is seeking broad exemptions to regulations that promote records accuracy, ensure data subject access, and limit over collection of personal data. EPIC wrote that the proposed exemptions would "lead to increasing record inaccuracy and the misuse of personal information.” There are numerous reports of misuse of the data in the NCIC and growing concerns about record accuracy. In 2003, EPIC organized a coalition of nearly 90 organizations to urge accuracy in the NCIC record systems. EPIC also submitted amicus briefs to the Supreme Court in Herring v. US and Kansas v. Glover warning about inaccurate records in police databases that would lead to unlawful searches and car stops.
In a statement to the House Judiciary Committee, EPIC told lawmakers that merger review should consider data protection. EPIC wrote that "companies that protect user privacy are being absorbed by companies that do not protect privacy." EPIC pointed to the Facebook-WhatsApp deal and the failure of the FTC to protect the personal data of WhatsApp users after the merger. EPIC previously testified before the Senate Judiciary Committee about mergers in the online advertising industry after EPIC told the FTC that Google's acquisition of DoubleClick would diminish privacy and stifle innovation. EPIC earlier opposed Doubleclick's acquisition of Abacus, explaining that the deal would lead to increased profiling of American consumers. EPIC, Color of Change, the Open Markets Institute, and others have also urged the FTC to require Facebook to spin-off WhatsApp and Instagram.
