From EPIC.org on November 6, 2025:
WASHINGTON, D.C. — Today, the Electronic Privacy Information Center (EPIC) published Closing the Data Mines: Repairing Oversight, Preserving Rights, a whitepaper authored by EPIC Law Fellow Abigail Kunkler.
The whitepaper examines the systemic flaws in data mining practices, including persistent problems of data accuracy and human bias, and highlights the downstream consequences for privacy and constitutional rights when the government uses data mining to root out criminal and terrorist activity. In particular, the current administration’s plans to build a centralized database containing the sensitive information of millions of Americans underscores the need for stringent oversight to reel in these questionable and invasive practices.
“The current administration has made no illusions about its interest in consolidating federal government data and mining that data for its own purposes. This is pure unchecked government overreach and abuse of the kind Congress warned about and which led to the introduction of the Federal Agency Data Mining Reporting Act,” said Jeramie Scott, Director of EPIC’s Surveillance Oversight Program. “Unfortunately, as this whitepaper demonstrates, the current law is not up to the task and desperately needs updating to provide the transparency, oversight, and accountability we the people deserve of the government’s use of our data.”
Drawing on publicly available reports from federal agencies, the whitepaper investigates how well agencies like the Department of Homeland Security adhere to oversight law, revealing deep failures in reporting and compliance activity.
“Data mining could easily enable a supercharged surveillance apparatus that, in government hands, risks violating our rights, overstepping the government’s power, and perpetuating dangerous chilling effects,” said EPIC Law Fellow and report author Abigail Kunkler. “Existing oversight law is a good first step, but we need to broaden its reach and demand more than a peek under the hood. This whitepaper fills in the gaps between oversight and enforcement.”
As the government expands data mining operations, backed by advanced technological capabilities, commensurate oversight in the form of robust, updated legislation is essential. This whitepaper discusses how improvements to the Federal Agency Data Mining Reporting Act of 2007 can equip the public with actionable protections and meaningful insight into the government’s data activities.
Read the report here.