How Federal Agencies Share Subpoenaed Information With Each Other

How Federal Agencies Share Subpoenaed Information With Each Other

When federal agencies issue subpoenas to obtain information as part of an investigation, they often need to share that information with other agencies. There are laws and policies that govern when and how agencies can share subpoenaed information with each other.

What is a subpoena?

A subpoena is a written order issued by a government agency compelling an individual or organization to provide documents, testimony, or other information relevant to an investigation. Administrative subpoenas are issued directly by federal agencies rather than courts or grand juries.

Some examples of federal agencies with authority to issue administrative subpoenas include:

• Federal Trade Commission (FTC)
• Securities and Exchange Commission (SEC)
• Federal Communications Commission (FCC)
• Consumer Financial Protection Bureau (CFPB)
• Department of Justice (DOJ) agencies like the FBI

Administrative subpoenas allow investigators to obtain information quickly without going through the court system. However, there are limits on federal agencies’ subpoena powers to protect civil liberties.

When can agencies share subpoenaed information?

In general, federal agencies can share subpoenaed information with each other through formal information sharing agreements or if disclosure falls under a routine use exception in the Privacy Act. The Privacy Act regulates how federal agencies use, maintain, and disseminate individuals’ private information.

Formal information sharing agreements

Many federal agencies have formal agreements with other agencies to share information related to law enforcement, cybersecurity, intelligence, and other matters. For example, the Department of Homeland Security has information sharing agreements with the FBI, DOJ, and other agencies to share homeland security information. These agreements allow extensive sharing of subpoenaed information between agencies.

Routine use disclosures

Under the Privacy Act’s “routine use” exception, agencies can disclose subpoenaed records to other agencies if they publish a routine use notice in the Federal Register. For law enforcement records, disclosures can be made to other law enforcement agencies without a published routine use.

For example, the FBI routinely shares information with federal prosecutors without needing a routine use notice because they are considered part of the same DOJ “agency.”

Limits on sharing subpoenaed information

While agencies have broad powers to share subpoenaed information, there are some limits:

• Agencies should only share information relevant to the recipient agency’s jurisdiction.
• Sensitive information like tax returns and consumer credit reports have special protections.
• Agencies must follow rules in the Privacy Act, Freedom of Information Act, and other laws that restrict disclosures.
• Information shared for law enforcement purposes cannot be disclosed outside of law enforcement.
• Judges can issue protective orders limiting dissemination of subpoenaed information.

In addition, while agencies can share information with each other, they cannot automatically disclose it to the general public without following proper procedures.

Challenging disclosures

Individuals who believe an agency improperly disclosed their subpoenaed information to other agencies can file lawsuits challenging the disclosure. For example, consumers could sue the FTC or CFPB if they improperly share financial records covered by the Right to Financial Privacy Act.

Lawsuits can seek damages for unauthorized disclosures and orders prohibiting dissemination. But individuals face hurdles like showing they were harmed by the disclosure and overcoming agencies’ claims that the sharing was lawful.

Recent controversies

The extensive information sharing between government agencies has led to controversies and calls for reform. Some recent issues that have sparked debate include:

• The FBI, DHS, and other agencies are sharing vast amounts of personal data through surveillance programs.
• ICE has accessed databases with detailed driver records and used the info for immigration enforcement.
• Agencies like the SEC are using data analytics to uncover suspicious activity and sharing it widely.
• Information sharing is happening through fusion centers with limited oversight.

Critics argue agencies are disclosing subpoenaed information too readily, infringing on privacy rights. But agencies assert sharing is crucial to connect the dots between different investigations.

Recent changes and proposals

In response to criticism, some changes have been proposed to reform information sharing practices:

• Stricter limits on what data can be collected and retained.
• New rules requiring agencies to minimize improperly collecting or disseminating irrelevant data.
• Removing Social Security numbers and other sensitive personal information from shared databases.
• More transparency and individual consent required for sharing.
• Tighter oversight of fusion centers’ information sharing programs.

Additional congressional oversight and audits have been proposed to identify problems. But major reforms face institutional resistance from agencies asserting information sharing powers are vital.

The future of information sharing

Information sharing between federal agencies will remain extensive as technology improves access to data. But with proper oversight and transparency, agencies can share information efficiently while respecting privacy rights. Updated laws that balance investigative needs and civil liberties will be crucial to guide the future of federal information sharing.