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10 Colum. J. Race & L. 1 (2020)

handle is hein.journals/cjoral10 and id is 1 raw text is: 







        PRIVACY LAW  CONCERNS   ASSOCIATED WITH  THE
  REINTRODUCTION   OF THE CITIZENSHIP QUESTION TO THE 2020
                     NATIONAL  CENSUS

                     Matthew  M. Welch

The right to be let alone is indeed the beginning of all freedom.
-William 0. Douglas1

       The proposed reintroduction of the citizenship question to
the national census challenges an individual's right to privacy
from  the government.   At  issue is the conflict between an
individual's right to privacy regarding personal citizenship data
and the government's need for that information. To that end, this
paper  will discuss the history of the citizenship question; the
potential privacy violations and resulting harms; the legality of
reintroducing the citizenship question; and the best solutions to
alleviate privacy concerns while still allowing the Census Bureau
to compile citizenship data.

I.   INTRODUCTION                 ......................................... 2
II.  THE HISTORY OF THE CITIZENSHIP QUESTION IN THE
     NATIONAL  CENSUS                 .................3............3
     A.  Pre-2017 History of the Citizenship Question ......... 5
     B.  Reintroduction of the Citizenship Question............. 6
III. PRIVACY LAW  ISSUES               ................................ 8
     A.  Potential Privacy Violations..................   9
     B.  Potential Privacy Harms .....................11
         1. Primary  Harms               ........................11
         2. Secondary  Harms    ................... ........13
            i. Incorrect Reapportionment     .    .............14
            ii. Decreased Federal Funding         .............15
            iii. Insufficient National Disaster Relief and
               Epidemic  Preparedness      ................16




1 Pub. Util. Comm'n v. Pollak, 343 U.S. 451, 467 (1952) (Douglas, J.,
dissenting).

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