Survey Shows 132M People of Color Unprotected Against Data-Driven Discrimination in U.S.

Center for Civil Rights and Technology News 09.24.24

FOR IMMEDIATE RELEASE

Contact: Mariah Wildgen, [email protected]

The Center for Civil Rights and Technology released survey, legislative brief on data privacy and AI safeguards

WASHINGTON — The Leadership Conference’s Center for Civil Rights and Technology today released new findings from  a survey on state data privacy laws and civil rights protections and a legislative brief on the current landscape of data privacy and artificial intelligence (AI) safeguards. The survey examines comprehensive state data privacy laws, whether they include explicit civil rights protections, and state demographics on race and ethnicity. The legislative brief explores the status of AI and civil rights safeguards in federal policymaking.

“Each day, all of us have digitally-based systems making decisions about our ability to access health care, housing, employment, or other critical services. Ensuring that algorithms and AI systems powered by our personal data do not block people of color and other marginalized groups from accessing these critical services or tools is paramount,” said Koustubh “K.J.” Bagchi, vice president, Center for Civil Rights and Technology. “These two new tools not only demonstrate what’s at stake for the 132 million people left unprotected against data-driven discrimination, but also how we can ensure technological advancement benefits us all. An equitable data and AI future is possible. ”

State Data Privacy Laws & Civil Rights Protections is an interactive survey of states and their data privacy laws. The survey shows that 132.59 million people of color lack protection against data-driven discrimination,  including the use of individuals’ personal information in AI decisionmaking. In fact, the survey found that out of the 19 states that have comprehensive data privacy laws on the books, only two states (Maryland and Minnesota) include meaningful and explicit civil rights protections. The Center determined if the data privacy laws protect civil rights by asking the following questions:

  • Does the state have a comprehensive data privacy law on the books?
  • If yes, does the state’s comprehensive data privacy law explicitly prohibit using personal data to discriminate on the basis of protected characteristics? 

“Privacy can no longer be separated from civil rights – your information can determine if you get a loan, an apartment, or a job. Your data is collected, shared, and sold everyday and can feed AI-driven decisions that often lead to discriminatory outcomes. The work by the Center for Civil Rights and Technology underscores the need for robust protections that address both our privacy and our civil rights,” said Cody Venzke, Senior Policy Counsel, ACLU.

“When companies use our personal data to make decisions about us, they should not be allowed to do so in discriminatory ways. The Center for Civil Rights and Technology’s findings show that many existing state privacy laws do not do enough to protect marginalized individuals and communities online. State lawmakers must ensure that privacy legislation prohibits data-driven discrimination,” said Caitriona Fitzgerald, Deputy Director, Electronic Privacy Information Center.

Snapshot: Civil Rights, AI, and Privacy is a legislative brief on the implementation of AI and data privacy safeguards across the federal government and the legislative state-of-play in Congress. The Snapshot shares collective insights raised during a convening the Center held in May 2024 with  public interest and civil rights groups about the most pressing issues within the AI and privacy debates and a path forward.

These findings come a year after the launch of the Center for Civil Rights and Technology. In September 2023, The Leadership Conference Education Fund and The Leadership Conference on Civil and Human Rights announced the creation of the Center for Civil Rights and Technology, a hub for advocacy, education, and research at the intersection of civil rights and technology policy. Our experts dive into such  pressing policy issues as AI and privacy, voting and platform accountability, and broadband access.

The Leadership Conference on Civil and Human Rights is a coalition charged by its diverse membership of more than 240 national organizations to promote and protect the rights of all persons in the United States. The Leadership Conference works toward an America as good as its ideals. For more information on The Leadership Conference and its member organizations, visit www.civilrights.org.

The Leadership Conference Education Fund builds public will for federal and state policies that promote and protect the civil and human rights of all persons in the United States. The Education Fund’s campaigns empower and mobilize advocates around the country to push for progressive change in the United States. It was founded in 1969 as the education and research arm of The Leadership Conference on Civil and Human Rights. For more information on The Education Fund, visit civilrights.org/edfund/.

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