Protect Data to Preserve Public Trust: Know Your State’s Rights

The U.S. federal government is pressuring states to open their data systems in ways that depart from long-standing legal and ethical norms. There’s a push to, instead, treat personal information as a tool for surveillance and punitive action. When we engage with public programs, register to vote, seek healthcare, and apply for benefits, we trust government agencies to use our data only for the purposes of those services and to enforce laws that protect our data. Many recent federal requests for data are deeply flawed in one or more ways: They violate state or federal laws or rules, they seek to access data for reasons beyond the purposes it was collected, or they impose obligations with which states are not legally required to comply.

States don’t hold our information passively—they are stewards—responsible for safeguarding it against uses that undermine public confidence or expose individuals to risk. Granting data requests without rigorous, systematic review can erode the very systems states rely on to effectively serve residents.

This moment demands clarity and resolve, which is why the Open Technology Institute has created new resources to help state data holders and users navigate federal pressure and mounting requests. We’ve created a handout that reminds state officials to stop, think, and ask before they share resident’s data. For more detailed guidance, this resource outlines best practices for evaluating and responding to data access and sharing requests—even when that means saying no to them.

By insisting on lawful purpose, data minimization, and meaningful oversight—and by empowering agencies to question and resist improper data demands—states can uphold privacy, protect participation in public life, and honor the trust residents place in them. Strong data stewardship is not an obstacle to effective state governance; it is essential to it.