NYCLU Lawsuit Challenges DoD’s Unauthorized Military Recruiting of High School Students
NEW YORK -- The New York Civil Liberties Union brought a lawsuit against the Department of Defense in federal court today, charging the Department with violating American high school students’ privacy rights and federal law by maintaining an unauthorized database of personal student information for use in military recruitment efforts.
“We knew that our military was desperate for soldiers and that recruiters had gone to great lengths to pressure students to join the ranks,” NYCLU Executive Director Donna Lieberman said. “But we could not have guessed that the Department of Defense would pursue a recruiting tactic that would so completely disregard the boundaries that Congress had laid down to protect student privacy rights.”
When Congress passed the law in 1982 authorizing the agency to create a database of information about American high school students, the lawmakers intended to assist the Department in recruiting students for the military. But the law also set important limits to protect students’ privacy, Lieberman said. The lawmakers specified that the Department must collect only basic contact and educational information, must refrain from collecting information about students under 17 years of age, must store the information for no more than three years and must keep the information private.
But last year the Department announced that it had created a database that flouted these restrictions. The new recruitment database seeks to index a wide variety of private and personal information about every American high school student, including gender, ethnicity and Social Security Number. It includes information about 16-year-olds, in defiance of the mandate that it only include students 17 and older. The Department has also announced that it will keep the information for five years, rather than the three allowed by the statute, and that it will share the information widely with law enforcement and other agencies and individuals, rather than keeping it private.
The NYCLU filed the lawsuit on behalf of six 16- and 17-year-old high school
students who object to the Department’s inappropriate collection, maintenance
and distribution of their personal and private information.
“Our clients don’t wish to join the military, and they don’t want their genders, ethnicities and social security numbers collected and distributed by the private company that the DoD has charged with building and maintaining this database,” said Corey Stoughton, an NYCLU Staff Attorney and lead counsel on the case. “We hope that this suit will bring the DoD into compliance with the rules that Congress put in place to protect the rights of high school students nationwide.”
Hope Reichbach, a senior at Hunter College High School in Manhattan, contacted the NYCLU and became a plaintiff in the lawsuit after trying and failing to have her name removed from the lists and databases that have subjected her to repeated phone calls from military recruiters.
“I opted out to get my name off their lists, but they contacted me anyway,” Reichbach said. “I got involved in this lawsuit because I want them to leave me and other students alone.”
The NYCLU filed the case, Hanson et al. v. Rumsfeld et al., in the Southern District of New York. Named defendants are Donald Rumsfeld in his official capacity as United States Secretary of Defense, and other Department personnel. NYCLU Associate Legal Director Christopher Dunn is co-counsel on the case.
The complaint is available online at: www.nyclu.org/pdfs/milrec_dod_suit_filing_042406.pdf