DOGE efforts to access private data spark sharp pushback
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Elon Musk’s and the Department of Government Efficiency (DOGE) attempts to tap into government databases are facing widespread pushback. A variety of groups have raised concerns about privacy and security.
DOGE faces more than a dozen suits as its staffers appear at agencies throughout the government. They are trying to access databases that cover everything from federal payments, to Social Security numbers and financial information of citizens.
Musk and the White House have described the efforts as a part of an broader search to find waste, fraud and abuse in government payment.
Critics, however, see government novices who have not been properly vetted as gaining access to sensitive databases and putting consumers at risk.
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Alan Butler, Executive Director of the Electronic Privacy Information Center (EPIC), called the DOGE takeover a “major shift” in the way the government manages its sensitive data.
He said that “these systems are crucial to the functioning government and, in some instances, the function of global economy. They also contain some the most sensitive and protected data about Americans. There is a big risk that, even in trying to achieve their stated goal, they could cause massive problems for millions of Americans.”
Before the DOGE was created, each government agency had its own office that reviewed potential fraud, waste and abuse. These offices were all overseen as inspectors general.
Since he became president, President Trump has dismissed 18 inspectors general.
DOGE staffers are now showing up at several agencies with the same mission. They use AI, according to reports, to analyze data gathered from these lists.
“We are talking about Social Security Numbers, family income, whether you have a Disability, whether you’re a Citizen or incarcerated,” Elizabeth Laird, with the Center for Democracy & Technology.
“When you consider the size of this information, it’s tens and millions of people. This includes anyone who has received a Social Security payment or a student loan. You need to be careful about this information, given the security risks that are introduced.
DOGE requested access to Department of Education (DE) data about student loan borrowers, and Internal Revenue Service data containing sensitive information on taxpayers. It has also gained access to Office of Personnel Management (OPM) data. This includes broad information about federal employees, such as information needed to apply for security clearances.
Democratic Senators. Ron Wyden, (Ore.), and Elizabeth Warren, (Mass. ) In a letter published on Monday, the IRS raised “serious concern that Elon Musk’s associates may be attempting to weaponize government database containing confidential data and private bank records to target American businesses and citizens as part of their political agenda.”
The Treasury Department’s Payment Systems are the dataset that DOGE actors may have been most determined to gain access to.
Butler stated that the checkbook is essentially the government’s cheque book.
It’s analog and digital payments that are issued by the U.S. Government to a wide range of entities and people that receive payments from the government. These payments can range from grants and foreign assistance, to benefits and payments for the national debt. They could also be trillions of dollar payments. Access to this system is, therefore, extremely restricted and tightly controlled.
Although it’s not clear to what extent DOGE uses artificial intelligence for the analysis of the datasets this has also caused privacy experts to be cautious.
“We are aware that AI systems have a reputation for being inaccurate. Butler noted that some of them were no better than coin flips.
“An error could result in someone being denied Social Security benefits to which they are legally entitled or denied Medicare payments. Some grant recipients are denied funds that they were contractually entitled to and which Congress appropriated. This can lead to people losing their jobs. “It can be that people don’t have enough money to feed themselves.”
Laird questioned also the use of a “unproven” tool.
When you are dealing with sensitive information at this scale, it is not wise to use a tool that hasn’t been tested and can be inaccurate when making high-stakes decisions. She said, “I’ve never seen such a tool to justify funding cuts of millions of dollars.”
The Privacy Act of 1974 is the basis for the majority of lawsuits that challenge DOGE data access. This act sets out the restrictions on who may access government information.
Think about how data looked in 1974, when the Privacy Act came into effect. It’s a lot different now and so much more sophisticated. Laird stated that the fact that “we’re not sure what’s happening now is consistent” with privacy in the 1970s is very concerning.
In the past two weeks, 12 lawsuits have been filed alleging privacy violations.
The DOGE has been criticized for granting access to its employees. Access to government records is restricted to those with a “need for record” in order to perform their duties.
“Historically, government employees have not had unregulated access to this data.” The data is highly controlled, and the access to it is restricted and subject to rules that are clear and predictable. It’s a violation of the rules. Butler said that if it is possible to break these rules, then this would be a serious breach of trust in the system.
The DOGE lawsuits have only yielded limited victories. Access to the Treasury Department payment systems is limited to Thomas Krause and Senate-confirmed officials such as Treasury Sec. Scott Bessent.
In many cases, however, judges have refused to block DOGE staffers temporarily from accessing data while litigation is ongoing.
A federal judge has denied the effort of 14 Democratic-led States to limit DOGE’s activities. The suit claimed that Musk’s extensive role as head of DOGE was unconstitutional, because he wasn’t confirmed by Senate.
In that case the government claimed Musk was not the CEO of DOGE and instead called him a White House advisor.
This statement could have a significant impact on future litigation involving DOGE.
Butler said, “They are really twisting their pretzels with this.”
Does anyone have authority? “Can [Musk] or his agents order people to act or not?” Who is responsible for this department of government effectiveness? Is this a government department or not? Does it have a structure of command and authority? It’s all very murky at this point.
Musk has defended DOGE, while the White House boasted about an alleged $5
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