102 Iowa L. Rev. 1719 (2017)

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Abstract

The Do Not Pay Initiative ("Do Not Pay") is a government program designed to help government agencies identify and eliminate the improper payment of federal funds. A payment is considered improper when: (1) an incorrect amount is paid to an eligible recipient; (2) it is made to an ineligible recipient; (3) it is for goods or services not received; (4) it is a duplicate payment; or (5) there is insufficient or no documentation supporting the payment. Do Not Pay helps eliminate improper payments by conducting automated investigation activities into agency payee data through computer matching algorithms and advanced analytics. Do Not Pay provides the results of these investigations to government agencies, allowing them to make payee eligibility decisions. However, the Privacy Act of 1974 initially restricted the ability of government agencies to use Do Not Pay's full computer matching capabilities, which involve matching on personal information. In 2012, Congress broke down this restriction by passing the Improper Payments Elimination and Recovery Improvement Act of 2012 ("IPERIA"). IPERIA ushers in a new era of administrative efficiency in agency access to Do Not Pay's full computer matching capabilities. Yet this new era raises important policy concerns for individual privacy, precisely as more agencies conduct enhanced automated investigation of their payees.