The American Community Survey (ACS) is mandatory under US law, but some citizens refuse to respond due to personal questions and confidentiality concerns. The ACS is used to gather statistical information for city planning, but some citizens prefer anonymous and aggregated data. Non-compliance can result in fines, but the Census Bureau is unlikely to pursue legal action. The ACS has received no response from about 45% of recipients.
The US Census Bureau clarifies that the American Community Survey (ACS) is authorized under Sections 141 and 193 of Title 13 of the United States Code and that compliance with the survey is legally mandated. However, some citizens are not responding. The 24-page survey, which can be found on the Bureau’s website, is sent to about 2.5 percent of the American population to gather statistical information for city planning. The US Census Bureau says it’s an essential tool for gathering relevant and timely data in order to understand and finance local needs for things like roads and schools.
Objections to the ACS include the personal nature of some of its questions and, despite assurances to the contrary from the government, related confidentiality issues. Some question these assurances based on the survey collection process itself. Census collectors or enumerators may request some sensitive and detailed information, such as salary or income. Title 13 of the United States Code, however, requires the Census Bureau to keep this information confidential and subject employees who violate this confidentiality requirement to a fine of up to $250,000 USD, up to 5 years in prison, or both.
Additionally, some point to the possibility of human error as a security concern on such personal and confidential information. On September 22, 2006, the American Broadcast Company (ABC) reported that, since 2003, the Census Bureau has lost or reportedly stolen more than 200 laptops and numerous handheld and portable data devices used by poll takers. The Census Bureau insists that the personal information held on these devices was protected by passwords and other security measures.
The highly sensitive personal information provided in the ACS form is entered into a personal data bank. The database, like any database, runs the risk of being hacked or used by dishonest parties. With identity theft on the rise, many are concerned. Some citizens believe that urban planning should be done through the collection of anonymous and aggregated information. For these reasons and probably others, the ACS is said to have received no response from about 45% of its recipients.
When a citizen does not respond to the ACS within 30 days, a second ACS form is automatically submitted. Eventually, a Census Bureau employee begins calling the house in an attempt to get answers. The Census Bureau provides guidelines that prevent harassment or late night calls, although some ACS recipients have complained of receiving several calls a day.
During these calls, the person in charge reminds the resident that compliance with the ACS is mandatory. This warning is clearly indicated on the ACS envelope, and the form itself threatens a fine for people who willfully refuse or neglect to complete the survey. However, the Census Bureau states on its website that failure to complete the survey is unlikely to result in such a fine.
If a citizen fails to comply with the ACS after a period of weeks, Census Bureau guidelines instruct enumerators to stop calling the resident. At this point, according to the Census Bureau, a non-responder has a 21% chance of being personally visited by the surveyor. The interviewer shows up at the residence unannounced to demand that the resident comply with the survey or otherwise face potential legal repercussions. Continued refusal can lead to further visits from a supervisor.
Out of widespread concern and perhaps frustration with the survey, several websites have been created to provide public forums for ACS recipients. According to some reports, recipients who chose not to return the form and didn’t return phone calls or private visits seemed the least bothered. Alternatively, those who returned the partially completed survey and communicated with Census Bureau agents generally received more leads.
Ultimately, the Census Bureau has the legal authority to conduct the survey and legally has the ability to impose fines for non-compliance. Some speculate that the Census Bureau will not take legal action or pursue fines for failure to comply with the ACS because that would likely attract negative media attention. Additionally, since there have been no reports of the Census Bureau taking legal or financial action, some speculate that the Census Bureau’s threats carry no weight. However, fines and lawsuits are technically possible.
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