Does the Federal government have the right to hold a census?
Yes. The government has a compelling interest in collecting some census data — indeed, it is a constitutional requirement to “enumerate a census.” This may include basic information such as name and address.1 However, there is some conflict between the right of privacy and the government’s need for information on which to base legislation and programs to support and implement other fundamental rights, such as freedom from discrimination. Members of the public have legitimate concerns about the civil liberties implications of the national census. Foremost among those concerns are whether the census violates privacy rights and whether the government should be allowed to levy fines against those who refuse to fill out the form.
