HB Ad Slot
HB Mobile Ad Slot
Privacy Tip #431 – DOGE Has Access to Our Personal Information: What You Need to Know
Thursday, February 13, 2025

According to a highly critical article recently published by TechCrunch, the Department of Government Efficiency (DOGE), President Trump’s advisory board headed by Elon Musk, has “taken control of top federal departments and datasets” and has access to “sensitive data of millions of Americans and the nation’s closest allies.” The author calls this “the biggest breach of US government data.” He continues, “[w]hether a feat or a coup (which depends entirely on your point of view), a small group of mostly young, private-sector employees from Musk’s businesses and associates — many with no prior government experience — can now view and, in some cases, control the federal government’s most sensitive data on millions of Americans and our closest allies.”

According to USA Today, “The amount of sensitive data that Musk and his team could access is so vast it has historically been off limits to all but a handful of career civil servants.” The article points out that:

If you received a tax refund, Elon Musk could get your Social Security number and even your bank account and routing numbers. Paying off a student loan or a government-backed mortgage? Musk and his aides could dig through that data, too.

If you get a monthly Social Security check, receive Medicaid or other government benefits like SNAP (formerly known as food stamps), or work for the federal government, all of your personal information would be at the Musk team’s fingertips. The same holds true if you’ve been awarded a federal contract or grant.

Private medical history could potentially fall under the scrutiny of Musk and his assistants if your doctor or dentist provides that level of detail to the government when requesting Medicaid reimbursement for the cost of your care.

A federal judge in New York recently issued a preliminary injunction stopping Musk and his software engineers from accessing the data, despite Musk calling the judge “corrupt” on X. USA Today reports that the White House says Musk and his engineers only have “read-only” access to the data, but that is not very comforting from a security standpoint. The Treasury Department has reportedly admitted that one DOGE staffer, a 25-year-old software engineer, had been mistakenly granted “read/write” permission on February 5, 2025. That is just frightening to me as one who works hard to protects my personal information.

Tech Crunch reported that data security is not a priority for DOGE.

“For example, a DOGE staffer reportedly used a personal Gmail account to access a government call, and a newly filed lawsuit by federal whistleblowers claims DOGE ordered an unauthorized email server to be connected to the government network, which violates federal privacy law. DOGE staffers are also said to be feeding sensitive data from at least one government department into AI software.”

We all know that Musk loves AI. We are also well aware of the risks of using AI with highly sensitive data, including unauthorized disclosure and the ability to include it in outputs.

All of this has prompted questions about whether this advisory board has proper security clearance to access our data.

Should you be concerned? Absolutely. I understand the goal of cutting costs. But why do these employees have access to our most private information, including our full Social Security numbers and health information? Do they really need that specific data to determine fraud or overspending?

I argue no. A tenet of data security is proper access controls, only having access to the data needed for business purposes. DOGE’s unfettered access to our highly sensitive information is not limited to only data needed for a specific purpose. The security procedures for accessing the data are in question, and proper security protocols must be followed. According to Senator Ron Wyden of Oregon and Senator Jon Ossoff of Georgia, who is a member of the U.S. Senate Intelligence Committee, this is “a national security risk.” As a privacy and cybersecurity lawyer, I am very concerned. A hearing on an early lawsuit filed to prohibit this unrestricted access is scheduled for tomorrow. We will keep you apprised of developments as they progress.

HTML Embed Code
HB Ad Slot
HB Ad Slot
HB Mobile Ad Slot
HB Ad Slot
HB Mobile Ad Slot
 
NLR Logo
We collaborate with the world's leading lawyers to deliver news tailored for you. Sign Up to receive our free e-Newsbulletins

 

Sign Up for e-NewsBulletins