Elon Musk’s Doge is sued under the Privacy Act: What Should You Know

After months of congressional disputes that saw the removal of an independent privacy oversight committee proposed by Irvin, President Gerald Ford signed the Privacy Act on December 31, 1974. His last month Highlighted “The key needs to provide appropriate and uniform privacy protection measures for the vast amount of personal information collected, recorded and used in our complex society.”

How is this related today?

Doge critics, including Democrats, federal employee unions and government watchdog groups, are intended to give an office Young, controversial, and seemingly largely unignored staff Access to sensitive government data is a major invasion of privacy. The incident represents “the biggest and most consequential violation of personal information in US history.” According to John Davisonan attorney at the Electronic Privacy Information Center, one of the groups suing to block Doge’s access.

Meanwhile, the Trump administration says Doge employees need this data access to achieve their mission to eliminate wasted spending and closure programs that are opposed to President Donald Trump’s agenda. White House spokesman after one federal judge temporarily blocked access to Doge’s government payment system It was called a ruling “Absurd and judicial overreach.” Musk targeted the judge In X, “He needs to be fired each now!”

Can privacy laws stop Doge?

It depends on whether multiple judges agree to the Trump administration’s argument that argues that the law does not prevent DOGE staff from accessing agency sensitive data.

The government argues that only agents can sue under the privacy law in one of four scenarios. If the agent refuses someone to access the records. When the agent refuses to change someone’s records as requested. If the agency fails to keep someone’s records up to date and experiences specific harm, such as denial of profit. Or if the agency violates the requirements of the law in a way that negatively affects someone. It remains to be seen whether the judge will determine that access to Doge’s data will have a negative impact on people.

The agency also argues that Doge’s activities are not violating privacy laws as they fall under the “daily use” and “need to know” exceptions of the law. in Court filing In response to one legal challenge, the Treasury Department is likely to “promote (their) obligations” that DOGE officials have been directed to have (provoke exceptions that they need to know) that Trump directs (provokes exceptions that they need to know). He said he has access to data to identify appropriate payments. Along with other agencies, it is classified as one of the “routine uses” previously disclosed by agents in response to requests under the privacy laws. I did.

The strength of that argument depends on how the judge weighs two questions. Whether Doge personnel accessing data for each agency are employees of those agencies, and whether two exceptions apply to situations where data was accessed and shared.

Who is using privacy laws to sue Doge?

There have been at least eight lawsuits against the Trump administration, and there have been lawsuits over Doge’s access to federal data, all of which rely on privacy laws, at least in part.

1. The United States Federation of Government Employees, the Administrative Law Association, and more than 100 current and former federal workers Doge, Musk and the Human Resources Administration allege that it is an illegal decision by OPM to allow Doge staff to access a database of federal employees.
2. Electronic Privacy Information Centeron behalf of unnamed federal workers, OPM, Doge and the Ministry of Finance are said to have access to OPM’s personal database and the Ministry of Finance’s payment system “for purposes unacceptable under the Privacy Act.” I am suing the Ministry.
3. University of California Student Association The Privacy Act language is suing the Ministry of Education, which is allegedly handing over student data to Doge staff who are not “employees who need records for their job performance.”
4. Six government unions, two nonprofit organizations, and think tank Institute for Economic Policy It sues the Department of Labor and Health and Human Services, the Consumer Financial Protection Bureau, and DOGE. Privacy Act. ”
5. Two Government Trade Unions and the Alliance of Advocacy Groups for Retired Americans Are you suing the Treasury Department allegedly giving Doge access to American tax returns that are allegedly violated both the privacy laws and the Treasury Department? Special rules for the Internal Revenue Agency.
6. National Finance Staff Association He sued Russell Vought, director of CFPB, for providing information about CFPB employees to Doge staff. The status of “special government officials” is placed outside the CFPB and therefore outside exceptions that require knowledge of privacy laws.
7. 19 State Attorney General He sues Trump and the Treasury over access to Doge’s federal payment system, claiming that “many of the Doge members who were given access to the (system) were not employees of the Treasury Department.”
8. Six Americans They sued the Ministry of Finance, while they filed their tax returns, applied for student loans, requested payment for disability, and received retirement benefits, as a breach of sensitive personal data they gave to the government. I’m suing dogge about what I’m explaining.

Where are these cases?

in State AGS Incident, The judge was issued immediately A temporary restraining order that restricts access to all financial systems that store sensitive personal and financial data. The case was then permanently assigned to another judge. I adjusted my order slightly rear The Trump administration opposed Restrictions on political appointees. A status hearing took place on February 14th.

in An epic caseThe organization has I asked the judge Further blocking access to certain financial and OPM systems due to temporary restraining orders. A status hearing will be held on February 21st.