Privacy Tip #432 – DOGE Sued for Unauthorized Access to Our Personal Information

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The Department of Government Efficiency’s (DOGE) staggering unfettered access to all Americans’ personal information is highly concerning. DOGE employees’ access includes databases at the Office of Personnel Management, the Department of Education, the Department of Health and Human Services, and the U.S. Treasury.

If you want more information about the DOGE employees who have access to this highly sensitive data, Wired and KrebsOnSecurity have provided fascinating but disturbing accounts.

Meanwhile, New York and other states have filed suit against DOGE, alleging that the unfettered access to the federal databases is a privacy violation. On February 14, 2025, a New York federal judge found “good cause to extend a temporary restraining order” stopping DOGE employees from accessing U.S. Treasury Department databases. However, the next day, another federal judge in Washington, D.C., denied a request to stop DOGE from accessing the databases of the Department of Labor, the Department of Health and Human Services, and the Consumer Financial Protection Bureau. That means that DOGE employees now have access to the sensitive health and claims information of Medicare recipients, as well as the identities of individuals who have made workplace health and safety complaints. NBC News has reported that “the Labor Department authorized DOGE employees to use software to remotely transfer large data sets.”

Currently, 11 lawsuits have been filed against DOGE over access to sensitive information in federal databases, alleging that the access violates privacy laws. The databases include student loan applications at the Department of Education, taxpayer information at the Department of the Treasury, and the personnel records of all federal employees contained in the database of the Office of Personnel Management, the Department of Labor, the Social Security Administration, FEMA, and USAID.

According to a plaintiff, the potential to misuse Americans’ personally identifiable information “is serious and irrevocable….The risks are staggering: identity theft, fraud, and political targeting. Once your data is exposed, it’s virtually impossible to undo the damage.” We will be closely watching the progress of these suits and their impact on the protection of our personal information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

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