Compliance Management, Privacy

Judge denies motion to cease collection of voter data

EPIC v Election Integrity Commission

A U.S. District Count judge on Monday denied a privacy rights group's motion for a temporary restraining order and preliminary injunction to stop the collection of state voter roll information on the part of the U.S. Presidential Advisory Commission on Election Integrity.

Judge Colleen Kollar-Kotelly ruled that the plaintiff EPIC, or the Electronic Privacy Information Center, could not invoke the U.S. Administrative Procedure Act to seek judicial review of the Commission's voter data collection effort, because the APA applies only to official U.S. agencies. The Commission is an advisory body, not an agency.

"Under the binding precedent of this circuit, entities in close proximity to the President, which do not wield 'substantial independent authority,' are not 'agencies' for purposes of the APA," Kollar-Kotelly wrote in her ruling. "On this basis, neither the Commission or the Director of White House Information Technology – who is currently charged with collecting voter roll information on behalf of the Commission – are 'agencies' for purposes of the APA, meaning the Court cannot presently exert judicial review over the collection process."

Kollar-Kotelly also ruled that EPIC did not  make its case that it suffered an irreparable informational injury at the hands of the Commission.

Bradley Barth

As director of multimedia content strategy at CyberRisk Alliance, Bradley Barth develops content for online conferences, webcasts, podcasts video/multimedia projects — often serving as moderator or host. For nearly six years, he wrote and reported for SC Media as deputy editor and, before that, senior reporter. He was previously a program executive with the tech-focused PR firm Voxus. Past journalistic experience includes stints as business editor at Executive Technology, a staff writer at New York Sportscene and a freelance journalist covering travel and entertainment. In his spare time, Bradley also writes screenplays.

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