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U.S. SENATOR PATRICK LEAHY

CONTACT: Office of Senator Leahy, 202-224-4242

VERMONT


Leahy Joins Feingold, Sununu
In Renewing Oversight Bill On Government Data Mining

WASHINGTON (Wednesday, Jan. 10) -- On the same day the Senate Judiciary Committee opened its first hearing of the 110th Congress on Balancing Privacy and Security: The Privacy Implications of Government Data Mining Programs,” Senator Patrick Leahy (D-Vt.), the chairman of the panel, joined with Senators Russ Feingold (D-Wisc.), also a member of the committee, and John Sununu (R-N.H.), in sponsoring an oversight bill requiring the Administration to report its government data mining program and activities to Congress.  The bipartisan bill is similar to earlier legislation the three senators introduced in the last two Congresses.  

Statement of Senator Patrick Leahy
On Introduction of the “Federal Agency Data Mining Reporting Act of 2007"
January 10, 2006

Text of Bill

I am pleased today to join with Senators Feingold, Sununu and others to introduce the Federal Agency Data Mining Reporting Act of 2007.   This important privacy legislation would begin to restore key checks and balances by requiring federal agencies to report to Congress on their data-mining programs and activities.  We joined together to introduce a similar bill last Congress.  Regrettably, it received no attention.  This year, I intend to make sure that we do a better job in considering Americans’ privacy, checks and balances, and the proper balance to protect Americans’ privacy rights while fighting smarter and more effectively against security threats. 

In recent years, the Federal Government’s use of data mining technology has exploded.  According to a May 2004 report by the General Accounting Office, there are at least 199 different government data mining programs operating or planned throughout the Federal Government, with at least 52 different federal agencies currently using data mining technology. And, more and more, these data mining programs are being used with little or no notice to ordinary citizens, or to Congress.

Advances in technologies make data banks and data mining more powerful and more useful than at any other time in our history.  These can be useful tools in our national security arsenal, but we should use them appropriately so that they can be most effective.  A mistake can cost Americans their jobs and wreak havoc in their lives and reputations that can take years to repair.  Without adequate safeguards, oversight and checks and balances, these powerful technologies also become an invitation to government abuse.  The government must take steps to ensure that it is properly using this technology.  Too often, government data mining programs lack adequate safeguards to protect the privacy rights and civil liberties of ordinary Americans, whose data is collected and analyzed by these programs.  Without these safeguards, government data mining programs are prone to produce inaccurate results and are ripe for abuse, error and unintended consequences.

This legislation takes an important first step in addressing these concerns by pulling back the curtain on how this Administration is using this technology.  It does not by its terms prohibit the use of this technology, but rather provides an oversight mechanism to begin to ensure it is being used appropriately and effectively. This bill would require federal agencies to report to Congress about its data mining programs.  The legislation provides a much-needed check on federal agencies to disclose the steps that they are taking to protect the privacy and due process rights of American citizens when they use these programs.  

We need checks and balances to keep government data bases from being misused against the American people.  That is what the Constitution and our laws should provide.  We in Congress must make sure that when our government uses technology to detect and deter illegal activity that it does so in a manner that also protects our most basic rights and liberties.  This bill advances this important goal, and I urge all Senators to support this important privacy legislation.

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