Collection of data on sexual orientation and gender identity (SOGI) by government entities can be a powerful tool to understand the experiences, needs, and disparities affecting LGBTQ+ populations, informing evidence-based policymaking, strengthening program accountability, and supporting civil rights enforcement. As federal efforts to collect LGBTQ-inclusive data are scaled back, state and local governments have become increasingly important sources of data about LGBTQ+ communities.
However, realizing the benefits of inclusive data depends on SOGI information being governed by strong legal, ethical, and privacy protections. A new report from the Movement Advancement Project (MAP), Actionable Intelligence for Social Policy (AISP), and the Center for Democracy & Technology (CDT) equips state leaders and other stakeholders with data governance frameworks to support decision-making about how SOGI demographic data should—and should not be—collected, used, and shared.
The detailed report maps the current landscape of state-level SOGI data collection, assesses emerging risks of data misuse in the present policy environment, and identifies promising policies and practices for leaders committed to ethical, responsible data governance.
The Case for Improving SOGI Data Governance
When collected appropriately and used responsibly, high-quality SOGI data help governments and other stakeholders identify disparities, direct resources where they are most needed, and make evidence-based decisions that improve policy, service delivery, and program design. The costs of not collecting SOGI data are significant, and the impact to communities is often underappreciated. When LGBTQ+ people are invisible in the data systems that shape policy and program decisions, governments lose the ability to tailor services to their needs; monitor quality and equity of access and outcomes; allocate funding; and identify populations being systematically missed or underserved.
“Data on sexual orientation and gender identity are essential for understanding the experiences and needs of LGBTQ+ communities and ensuring that policies, programs, and resources are responsive to those needs,” said Caroline Medina, Senior Advisor for Data Policy and Strategy at Movement Advancement Project.
“At a time when privacy violations and data misuse are undermining public trust, discouraging participation, raising concerns about data integrity, and creating uncertainty for data holders, strong data governance has never been more important. State and local governments must adopt governance policies and practices that enable the ethical, responsible collection and use of data while protecting privacy, maintaining public trust, and safeguarding the communities represented in the data.”
The potential for unauthorized disclosure and misuse underscores the clear need for good data governance, which guides decision-making to ensure that partners have carefully considered risks and benefits and that the decisions have been informed by people represented in the data.
For this reason, state-level data governance frameworks, as discussed in this report, are an important foundation for supporting high-quality SOGI data collection and for ensuring that sensitive personal information is collected, used, and protected in ways that uphold privacy, confidentiality, and public trust while preserving the utility and integrity of public data systems.
Current Data Privacy and SOGI Data Collection Landscapes
As of 2025, at least eleven states and Washington, D.C. have enacted laws or executive orders explicitly requiring the collection of SOGI data, though these mandates differ in scope and structure; conversely, some states have adopted laws that ban or impede such collection. A complex patchwork of sector-specific federal and state laws governs privacy protections for SOGI data collected by states. Given that states’ approaches to SOGI data collection and administrative data privacy vary considerably, decision makers must carefully assess this landscape when deciding how to collect, use, and share SOGI data. While complex, these safeguards provide multiple avenues for states to push back against federal overreach and protect SOGI data.
The report discusses the role of policymakers confronting this landscape and offers numerous examples of positive use of SOGI data by state and local government actors. Yet, strong data governance remains elusive in many agencies nationwide.
Emerging Risks in the Present Federal Policy Environment
In 2025, a series of executive orders signed by President Trump and subsequent implementation actions by federal agencies have placed federal and state legal frameworks for collecting, using, and protecting data under unprecedented strain. These actions are affecting data on targeted and underserved communities—particularly immigrants, LGBTQ+ people, people seeking abortions, and communities of color—across virtually every data type, from public benefits and tax records to voting information.
For SOGI data, these directives operate in concert with one another in ways that are particularly consequential for LGBTQ+ communities. Recent federal actions targeting state-level administrative data threaten public trust, compromising data integrity and basic program administration. While many of these actions have faced legal challenges and the full scope of their impact remains uncertain pending ongoing litigation, they establish a clear pattern: under the current administration, there is heightened risk that data collected for public benefit can be repurposed for enforcement against the very populations it was meant to serve. The public distrust we are witnessing erodes the quality and completeness of the data, and threatens the ability of policymakers, service providers, researchers, and public agencies to understand and serve their communities.
“Three in four Americans are deeply concerned about the privacy and security of personal data held by government agencies, and that includes LGBTQ+ communities,” said Quinn Anex-Ries, Senior Policy Analyst at the Center for Democracy & Technology.
“Americans care about the privacy of their personal data, so when sensitive personal information, like data about individuals’ sexual orientation and gender identity, is misused or mishandled by government agencies, it’s a fundamental breach of public trust. It not only runs counter to the purpose of collecting this information, but also potentially exposes countless individuals to a wide range of harms from identity theft to harassment to discrimination.”
Promising Practices for Strengthening Ethical, Responsible SOGI Data Governance
The governance safeguards examined in the report are not merely best practices—in the current environment, they are essential protections to help rebuild community trust, strengthen mechanisms of public accountability, and safeguard against overreach, misuse, and discrimination. These promising policies and practices focus on three areas:
- Prioritizing State Surveys and Needs Assessments – Anonymous surveys can collect important statistical information about the characteristics of the population while minimizing risks associated with collecting personally identifiable information.
- Legislative Strategies for SOGI Data Governance – State lawmakers must act decisively by modernizing existing statutes that leave SOGI data exposed and advancing new legal protections that establish clear limits on how personal data can be collected, accessed, and shared by government agencies.
- Administrative Strategies for SOGI Data Governance – Existing administrative authority provides an immediate avenue to implement and strengthen policy directives, legal frameworks, and operational practices that ensure compliance, limit the risk of disclosure and misuse, and build the institutional infrastructure needed to maintain trust with program participants and build trust with the public at large.
“Responsible data stewardship is paramount,” says Della Jenkins, Executive Director of Actionable Intelligence for Social Policy.
“State leaders must consider the risks and benefits to LGBTQ+ people at each stage of the data lifecycle and strengthen governance practices to meet the moment.”
Adoption of robust SOGI data governance frameworks is not merely a technical or administrative concern—it is a foundational requirement for ensuring that data collection serves LGBTQ+ communities effectively and responsibly. As the federal policy environment grows increasingly hostile to LGBTQ+ equity efforts, there is growing importance for state and local governments to maintain strong legal, ethical, and privacy protections for the data they collect. This report offers a first step to states and localities committed to responsible SOGI data governance and efforts to build a more resilient, trustworthy public data infrastructure that serves everyone for generations to come.
For questions or to schedule an interview with a representative from MAP, AISP, or CDT, please contact Dana Juniel at dana@mapresearch.org. Click here for additional information on our upcoming report webinar.
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The Movement Advancement Project (MAP) provides rigorous research, insight, and analysis that help speed equality and opportunity for all. MAP works to ensure that LGBTQ people and their families can live their lives with dignity, safety, and respect by focusing on three key areas: policy and issue analysis, movement capacity, and effective messaging. MAP’s work also covers a broad range of social justice issues that intersect with the LGBTQ movement, including racial justice, economic justice, and healthcare access.
Actionable Intelligence for Social Policy (AISP) helps state and local governments collaborate and responsibly use data to improve lives. We support the ethical use of individual-level administrative data for policy change and advocate for the expansion of resources and infrastructure that makes this possible. We help foster cross-sector collaborations, build the relationships and trust that enable and sustain data sharing, and center equity across the data life cycle.
The Center for Democracy & Technology is the leading nonpartisan, nonprofit organization fighting to advance civil rights and civil liberties in the digital age. We shape technology policy, governance, and design with a focus on equity and democratic values. Established in 1994, CDT has been a trusted advocate for digital rights since the earliest days of the internet. The organization is headquartered in Washington, D.C., and has a Europe Office in Brussels, Belgium.
