This Act strengthens privacy protections for Farm Service Agency borrowers by prohibiting the disclosure of their personal loan and payment information to certain government employees, with limited exceptions.
April McClain Delaney
Representative
MD-6
The Protecting Agricultural Borrower Information Act strengthens privacy protections for individuals receiving loans or payments from the Farm Service Agency (FSA). This legislation prohibits FSA employees from sharing specific borrower data with certain government personnel unless the information is aggregated or the borrower provides voluntary consent. The Act establishes significant penalties, including fines and imprisonment, for intentional violations of these new privacy standards.
New Act Blocks FSA from Sharing Farmer Data with Temp Government Staff, Imposes $10K Fine for Leaks
The Protecting Agricultural Borrower Information Act is a straight-up privacy upgrade for anyone dealing with the Farm Service Agency (FSA)—think farmers, ranchers, and agribusinesses who rely on FSA loans or payments. Essentially, this bill puts a hard stop on who at the FSA can access and share your sensitive financial and operational data, like details from your loan application or payment history. It’s all about locking down the information you have to hand over to the government to get the help you need.
The New Fence Around Your Data
Under this Act (SEC. 2), the Secretary of Agriculture and FSA staff are now legally barred from sharing specific borrower information with two types of government workers: 'special government employees' (often consultants or part-time advisors) and employees temporarily detailed to the FSA from another agency. If you’re running a farm or a small agricultural business, this means your sensitive financial details—the stuff that determines your eligibility for aid—is now shielded from people who might only be passing through the agency or working on a temporary contract. It’s a move to prevent your business data from being seen by folks who don't have a direct, permanent need to see it.
When the Data Gate Opens
Now, this isn't a total blackout. The bill lays out two clear exceptions where the FSA can still share information. First, they can share it if the data is aggregated into statistics or totals so that it’s completely impossible to trace back to you personally. This is standard practice for reporting on overall program performance. Second, they can share it if you give explicit consent. Crucially, the bill prohibits the FSA from making this consent a requirement for getting the loan or benefit in the first place. Your agreement has to be genuinely voluntary—they can’t hold your loan hostage until you sign away your privacy rights.
The Cost of a Leak
Here’s where the bill gets teeth: penalties (SEC. 2). Anyone at the FSA who intentionally violates this new privacy rule is looking at a fine up to $10,000, up to one year in prison, or both. That’s a serious deterrent designed to make sure everyone handling borrower data takes these new rules seriously. For borrowers, this means a much higher level of accountability if their private information is leaked. It shifts the risk away from the farmer and puts it squarely on the government employee who breaks the law.
What This Means for the Borrower
For the average person receiving FSA aid, this bill translates directly into peace of mind. If you’re a third-generation farmer applying for an operating loan, you’re handing over a ton of proprietary information about your business—your debts, your yields, your land values. This Act ensures that information stays confidential and is used only for its intended purpose, rather than potentially floating around various temporary government offices. It’s a necessary protection in an era where data privacy is paramount, ensuring that getting necessary government support doesn’t mean sacrificing control over your business’s most sensitive details.