Page 1 GAO-25-106057 Federal Civil Rights and Civil Liberties Protections
New and emerging technologies and data capabilities have changed society’s
understanding of how to protect the civil rights and civil liberties of all Americans.
Civil rights include, among other things, legal protections against discrimination in
accessing employment, education, and housing because of race, color, national
origin, disability, age, religion, and sex. Civil liberties are fundamental rights and
freedoms such as those listed in the Bill of Rights, which include privacy
protections, speech, and due process, among other things. However, civil
liberties are not governed by the same federal legislation as most civil rights but
are primarily protected through common law.
Society’s increased reliance on digital platforms and data storage has made the
safeguarding of personal information more essential. For example, civil rights
and civil liberties advocates have noted that the use of facial recognition at
certain events—such as protests—can have a chilling effect on individuals
exercising their First Amendment rights. Additionally, facial recognition and
artificial intelligence (AI) technologies have the potential for error and thus can
misidentify individuals.
We were asked to examine federal agencies’ civil rights and civil liberties
protections related to data collection, sharing, and use. This report includes
information on laws and guidance pertaining to civil rights and civil liberties and
efforts the 24 Chief Financial Officers Act of 1990 (CFO Act) agencies are taking
to protect the public’s civil rights and civil liberties when collecting, sharing, and
using data.
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It also includes agency-reported challenges related to protecting civil
rights and civil liberties while using personal information and actions taken to
address the reported challenges.
• Agencies lack government-wide laws and guidance that identify how civil
rights and civil liberties are to be considered and protected as they relate to
data collection, sharing, and use.
• Agencies reported varying protections for the public’s civil rights and civil
liberties in the areas of establishing dedicated offices, appointing designated
officials, and developing standalone policies and procedures for collecting,
sharing, and using data.
• Agencies reported challenges in protecting the public’s civil rights and civil
liberties while using personal information that include handling issues that
arise from new and emerging technologies and the lack of qualified and
dedicated personnel.
U.S. Government Accountability Office
: Government-Wide
Handling Data Could Improve
Civil Rights and Civil Liberties Protections
-25-106057
Report to Congressional Requesters
19, 2024
