Armstrong Leads Colleagues in Calling on the CDC to Explain Collection of Americans' Location Data

Press Release

Today, Congressman Kelly Armstrong (R-ND) led 18 of his House Energy and Commerce Committee Republican colleagues in a letter to Centers for Disease Control and Prevention (CDC) Director Dr. Rochelle Walensky asking her to explain the CDC's location data collection practices and what legal authorities empower them. It was recently reported that the CDC purchased location data on Americans to determine if COVID-19 lockdown orders were followed. The report claims that the CDC paid $420,000 for data covering 21 "Potential CDC Use Cases", and covered locations including "Places of worship," schools, and various other settings.

The members wrote, "It is essential we understand the CDC's public health justifications in obtaining this data, as the collection of location information raises serious concerns that the CDC sought to engage in domestic surveillance of Americans."

The members continued, "It is imperative that Congress learn the full scope and specifics of the CDC's location data collection practices, especially concerning whether the data contains personally identifiable information or material that could lead to reidentification.

…this report must be viewed in the context of the CDC's expansive interpretations of existing statutory authority concerning public health and the COVID-19 pandemic. The public's trust in the CDC has been severely undermined in recent years. The unauthorized purchase of Americans' location data will only further degrade the CDC's reputation and ability to carry out its mission."

The members asked the CDC to answer the following questions:

What legal authority empowers the CDC to purchase or otherwise acquire location data?
Did the CDC obtain legal advice concluding that it has the legal authority to obtain the relevant data?
Did the CDC at any point inform Congress of its intent to conduct this action? If so, please provide a copy of the communications, including who the notice was sent to.
Within the past five years has CDC requested that Congress enact legislation specifically authorizing the purchase or acquisition of location data?
What specific appropriation line item funded the purchase of the location data?
Did the CDC conduct any internal review whether this was the proper use of authorized funds? If yes, please share the findings of the review.
What legal authority empowers the CDC to obtain and examine "mobility patterns data" in and around "Places of worship"?
Did the CDC obtain legal advice concluding that the data collection concerning "Places of worship" does not violate the First Amendment's Free Exercise Clause?
What legal authority empowers the CDC to obtain the data of specific populations based on ethnic classification?
In what form did the CDC purchase the data?
Did the purchased location data contain any personally identifiable information?
Was the purchased location data provided in an aggregate, deidentified form?
What is the current state of this data?
In other words, has it been deleted or is it being repurposed for other uses that may target certain populations?
Has the CDC taken any action to combine the purchased location data with other data? If so, explain.
What conclusions, analyses or models, or other product was the result of the purchased location data, whether in whole or part, and is there any analyses of location data currently ongoing?
Is this the only instance of CDC purchasing location data? If not, please provide information for all the previous questions with respect to each purchase of location data.
Who within the CDC makes decisions regarding purchasing such data?
Who at CDC has access to such data once purchased, and what kind of privacy and data security protections does the CDC have in place?
Members joining Armstrong in sending the letter are Representatives Cathy McMorris Rodgers (R-WA), Billy Long (R-MO), Morgan Griffith (R-VA), Buddy Carter (R-GA), Neal Dunn (R-FL), Debbie Lesko (R-AZ), Jeff Duncan (R-SC), Gus Bilirakis (R-FL), Markwayne Mullin (R-OK), Larry Bucshon (R-IN), Tim Walberg (R-MI), Bob Latta (R-OH), Greg Pence (R-IN), Gary Palmer (R-AL), Richard Hudson (R-NC), Michael Burgess (R-TX), John Curtis (R-UT), and Brett Guthrie (R-KY).

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