Written by: Shafali Raj
As information within federal agencies became computerized, new questions emerged on what type of personally identifiable information (“PII”) could be accessed, who had access, and when that access could occur. Thus, the Privacy Act of 1974 was born. The Privacy Act limited the federal government’s ability to computerize data and share access of PII amongst federal departments.[1] Federal agencies were only allowed to collect and computerize data that was “relevant and necessary to accomplish a purpose of the agency.”[2] Additionally, sharing information outside of the agency was only permissible with the individual’s written consent.[3] This legislation created a monumental shift by prohibiting agencies from collecting information related to an individual’s first amendment activities.[4]
The Privacy Act has come to the forefront of American politics again in response to fast-paced changes to data privacy with the inception of the Department of Government Efficiency (“DOGE.”) While DOGE is required to follow existing data protection standards, the department’s sweeping approach to data collection has raised significant concerns. The executive order establishing DOGE authorizes it to seek access to “all unclassified agency records, software systems, and IT systems” to the “maximum extent consistent with law.”[6] This expansive data gathering initiative has created tension between efficiency goals and privacy protections. While these types of inquiries are certainly not unheard of by the federal government, the aggressive approach on data immediately after DOGE’s creation is unique to the Trump administration.
A few of DOGE’s headline efforts include utilization of data and AI in the State Department, access to FERPA information from the Department of Education, and Social Security information. One major concern is the lack of transparency of what information is being shared with DOGE. The second concern is DOGE potentially mishandling sensitive information, such as medical diagnoses, social security information, and FERPA.[7] However, some heads of federal agencies are not concerned, stating that DOGE employees only have “read only access” and cannot change data.[8] In a Pew Research Poll, 71% of Americans have growing concerns over government data use.[9] A 64% increase since 2019 across the political spectrum including liberal, moderates, and conservatives alike.[10]
The controversy has spawned numerous legal challenges. Within just three months of DOGE’s creation, over eleven lawsuits addressing data access and privacy concerns have been filed by the Departments of Labor, Education, Treasury, and the Internal Revenue Service.[11] For instance, the Department of Labor alleges DOGE demanded unauthorized access to sensitive workplace health and safety complaints which would reveal the identities of the employees who filed the complaints.[12] Officials involved in these suits are concerned that the information will be used to access private citizens’ PII, which could be leaked, hacked, or used against federal employees.
Given the unfettered access by DOGE, experts recommend citizens to be proactive in protecting their PII. Many of the recommended practices are not new, such as using a VPN, private browsing networks, and using end to end encryption.[13] However, experts are now encouraging Americans to investigate and look to their personal information such as social security history.[14] For example, there are concerns from the Department of Education about DOGE being able to access student data in order to cut-back on financial aid programs.[15]
To prevent unauthorized third parties, such as DOGE, from seeking unlimited access to student loan data, an individual should freeze their credit and limit the use of their social security number (which shares things like bank account numbers, loan balances, and payment history.)[16] However, experts have stressed this is not an end all solution.[17] Federal judges all over the United States are tirelessly reviewing ongoing lawsuits that deal with the question of whether to block DOGE from accessing federal data.[18] Now more than ever, it is important that US citizens pay attention and stay educated on potential data risks with the emergence of new governmental action by DOGE.
[1] 5 U.S.C. § 552(a) (1974).
[2] Id.
[3] Id.
[4] Id.
[5] H.R. 16373, 93rd Cong. (1974), https://www.congress.gov/bill/93rd-congress/house-bill/16373/all-info.
[6] Presidential Action Implementing and Establishing the President’s Department of Government Efficiency, White House (2025), https://www.whitehouse.gov/presidential-actions/2025/01/establishing-and-implementing-the-presidents-department-of-government-efficiency/. [https://perma.cc/7U3L-VRAH].
[7] Department Of Government Efficiency (DOGE) Illegally Accesses Federal Government Systems, Econ. Pol’y Inst. (2025), https://www.epi.org/policywatch/department-of-government-efficiency-doge-illegally-accesses-federal-government-systems/. [https://perma.cc/4T6E-7PNG].
[8] Laural Wamsley, The Government Already Knows a Lot About You. DOGE Is Trying to Access All of It, (Apr. 6, 2025, 10:29 am), https://www.npr.org/2025/03/11/nx-s1-5305054/doge-elon-musk-security-data-information-privacy. [https://perma.cc/3F97-2L9U].
[9] Michelle Faverio, Key Findings About Americans and Data Privacy (April 6, 2025, 9:20 am).
[11] Kevin Collier, At Least 11 Lawsuits Are Taking on DOGE Over Data Access and Privacy Laws, NBC News (Apr. 6, 2025, 9:11 am), https://www.nbcnews.com/tech/security/doge-lawsuits-11-cases-musk-group-focus-data-privacy-rcna191695. [https://perma.cc/3APC-WTXJ].
[12] Faverio, supra note 9.
[13] Nat Meysenburg & Sydney Saubestre, How to Protect Your Privacy Online: Five Tips from Tech Policy Experts, New Am. (Apr. 6, 2025, 9:05 am), https://www.newamerica.org/the-thread/five-data-privacy-tips-under-doge/ [perma link].
[14] Sharon Epperson, These 5 actions can help protect your personal and financial data, CNBC (April 21, 2025 3:50 pm), https://www.cnbc.com/2025/03/04/these-5-actions-can-help-protect-your-personal-and-financial-data.html. [https://perma.cc/AMH2-A3LQ].
[15] Ashley Parks, How Student Loan Borrowers Can Protect Their Data from DOGE, Newsweek (Mar. 14, 2025, 9:09 am), https://www.newsweek.com/how-student-loan-borrowers-can-protect-data-doge-2032776. [https://perma.cc/ESV5-ZXVC].
[16] Id.
[17] Id.
[18] Lea Skene & Lindsey Whithurst, Federal Judge Considers Blocking DOGE from Accessing Social Security Data of Millions of Americans, Fed. News Network (Apr. 6, 2025, 9:05 am), https://federalnewsnetwork.com/agency-oversight/2025/03/federal-judge-considers-blocking-doge-from-accessing-social-security-data-of-millions-of-americans/. [https://perma.cc/R5TG-BH6J].
