FB Applauds Court Ruling To Protect Privacy

HOUSTON, January 12, 2000 -- A federal court yesterday entered an order to protect the privacy rights of farmers and ranchers, the result of legal action brought by the American Farm Bureau Federation and the Texas Farm Bureau to prevent the government from releasing personal, confidential information to private interests.

U.S. District Court Judge Walter Smith yesterday issued a 10-day temporary restraining order to halt the release of private information about farmers and ranchers who participate in predator and pest control programs to protect their livestock and crops. The judge's decision also incorporated a Farm Bureau request to expand a previous injunction to prevent the Agriculture Department's Wildlife Services Division from releasing any personal information about individuals who use wildlife control programs to any third parties, groups or agencies.

AFBF President Dean Kleckner declared the decision a "significant initial victory for farmers and ranchers."

"The judge's decision means that the confidentially and privacy rights of farmers and ranchers will be protected until we have had the opportunity to have the court decide whether the privacy of farmer and rancher data outweighs the right of special interest groups to obtain information under the federal Freedom of Information Act," Kleckner said.

In November 1999, AFBF and the Texas Farm Bureau filed a case to prevent the Animal Protection Institute (API), an animal rights group, from obtaining the names and addresses of farmers and ranchers who use a "Livestock Protection Collar," a device which contains a control chemical that kills predators that attack domestic livestock.

According to AFBF Assistant Counsel Rick Krause, Farm Bureau's recent action was in response to a 1999 case filed by Forest Guardians, a non-profit environmental organization, seeking the entire database for wildlife services programs in all states west of the Mississippi, except Oklahoma. Farm Bureau discovered last week that USDA was ready to settle the case by turning over the requested documents.

The preliminary injunction against API's November suit remains in effect. A Jan. 20 hearing is scheduled to determine whether the injunction also will include the Forest Guardians' request.

"It's extremely important that the privacy and confidentiality of the data our members submit to the government is protected," Kleckner said. "When farmers and ranchers submit this data, they do so with the expectation that it will be used only for legitimate government purposes. Past experiences have proven that groups who obtain this personal information use it to embarrass or harass private citizens. Farm Bureau believes that the government has an obligation to protect our farmers and ranchers."

This page was last modified Mon Jan 31, 2000 at 01:35 pm