Does the Federal Government Have a Right to States’ Data?; Government Technology, May 14, 2025

 Julia Edinger , Government Technology; Does the Federal Government Have a Right to States’ Data?

"A federal executive order (EO) issued in March has created questions about the government’s right to access states’ data — especially in cases where that information was collected with a promise of privacy.

Governments have increasingly prioritized inclusive data collection practices, taking into consideration things like disability and gender identity — in part as preparation for AI deployment. This shift broadens the need for governments to protect privacy, especially as federal data collection by the Department of Government Efficiency (DOGE) creates concerns.

A March 20 EO issued by President Donald Trump, "Stopping Waste, Fraud, and Abuse by Eliminating Information Silos," raises questions for some.

“[The EO] … said that federally funded state programs will be required to report personal data to the federal government,” said Elizabeth Laird, director of equity in civic technology for the Center for Democracy and Technology (CDT), who described the new rule as a “significant shift.”...

This EO is relevant to both state and local agencies, Laird said, noting the EO did not specify what type of information and which programs will be impacted. The risk, she said, is that data that was collected for one intent could be used for another without the explicit consent of those who provided it."