EPIC has filed a revised complaint against the Presidential Election Commission, charging that the Commission has violated federal law by collecting state voter data without a required Privacy Impact Assessment and misrepresented its legal status. The Commission has claimed that, unlike every other federal agency, it can collect sensitive personal data without a privacy assessment. But EPIC's new complaint, following revelations by the Commission itself, makes clear that the Commission is part of the General Services Administration, which must complete Privacy Impact Assessments. EPIC also highlighted to the court misrepresentations made by the Commission in earlier proceedings. EPIC's original lawsuit forced the Commission to suspend the collection of voter data in July. The case is EPIC v. Commission, No. 17-1320, and the related appeal is EPIC v. Commission, No. 17-5171. The argument before the D.C. Circuit Court of Appeals is scheduled for November 21, 2017.
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