State Data Privacy Laws & Civil Rights Protections

Congressional failure to pass comprehensive federal data privacy legislation means the vast majority of people in the United States lack protection. This inaction has left an opening for state legislatures to enact their own privacy laws, and, as of now, 19 states have some form of comprehensive data privacy laws on the books. However, many of these states’ laws lack critical protections, including preventing discriminatory uses of data. The imperative to protect privacy is great. Right now, “black box” algorithms and AI systems use our personal data on a daily basis to make decisions that impact our lives. These systems and data can mean the difference between accessing lifesaving health care, a vital small business loan, or entrance into the college of our dreams. The reality is these systems can and do discriminate against people of color and other marginalized groups, limiting our opportunities to essential goods and services.