Statement from the Data Foundation 9/13/24

WASHINGTON, D.C., September 13, 2024–The Data Foundation acknowledges final passage of the Congressional Budget Office (CBO) Data Sharing Act (H.R. 7032) by Congress on September 10, 2024. We recognize the importance of CBO having access to data for analysis and forecasting consistent with CBO’s mission, and appreciate CBO’s extensive, publicly-documented procedures about data sharing practices, data policies, and active agreements with executive branch agencies regarding sensitive data with specified timeframes for review.

While the Data Foundation has a high level of trust in CBO's professionalism and integrity, there are opportunities to better align H.R. 7032 with the Fair Information Practice Principles (FIPPs). Specifically, the Data Foundation suggests considering the following enhancements for this type of legislation and encourages careful consideration to these concepts during implementation:

1. Incorporating additional privacy protection and transparency requirements regarding CBO's acquisition and use of confidential data from executive branch agencies.
2. Establishing mechanisms for regular reporting on the types of data CBO requests and how it is used, to promote public understanding and trust.
3. Providing opportunities for public input on CBO's data access and use policies.
4. Enabling promising practices for secure data access and privacy-enhancing technologies that CBO should employ.
5. Ensuring an oversight mechanism with periodic evaluation from the Government Accountability Office, National Academy of Sciences, or an independent data fiduciary. 

The Data Foundation also recognizes that fully implementing these suggestions may require amendments to the Privacy Act and other existing laws. The Data Foundation encourages Congress to consider such amendments as part of a comprehensive approach to modernizing data sharing for evidence-informed policymaking across the branches of the federal government. This may necessitate further consideration of how to best draft and implement legislation like H.R. 7032 to be successful for inter-branch data coordination and protection of data for the American people and businesses. 

"CBO plays a critical role in providing nonpartisan analysis to Congress and the American people, and responsibly expanding CBO’s access to data can enhance this important work," said Dr. Nick Hart, Data Foundation President and CEO. "At the same time, it's vital that as we increase data sharing across branches of government, we also strengthen privacy protections and transparency. We look forward to working with Congress, CBO, and the Administration to ensure this legislation and related laws are implemented well, and to ensure data held by government about the American people and businesses are appropriately used and protected.”

The Data Foundation stands ready to collaborate with policymakers to develop approaches that responsibly expand CBO's data access while protecting privacy, promoting transparency, and ensuring adherence to evidence-based policymaking principles and the Fair Information Practice Principles.

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About the Data Foundation

The Data Foundation is a national non-profit organization that champions the use of open data and evidence-informed public policy to make society better for everyone. We are the trusted authority on the use of open, accessible data to fuel a more efficient, effective, and accountable government; spark innovation; and provide insights to the country’s most pressing challenges. As a nonpartisan think tank, we conduct research, collaborative thought leadership, and advocacy programs that advance practical policies for the creation and use of accessible, trustworthy data.

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