In a move that has raised significant privacy concerns, Elon Musk's Department of Government Efficiency (DOGE) has been granted access to the U.S. Treasury Department's payment systems, which handle sensitive personal and financial information of millions of Americans.[1] This development has led to legal action from several organizations.
The Rise of DOGE and Its Expanding Authority
DOGE, established under President Trump, was originally intended to streamline government operations and eliminate inefficiencies. However, recent reports suggest that its reach has expanded far beyond administrative reforms, raising concerns about executive overreach and potential violations of privacy laws. The most troubling development has been DOGE’s access to Treasury Department payment systems, a move that has drawn legal scrutiny.
The Lawsuit
On February 3, 2025, the Alliance for Retired Americans, the American Federation of Government Employees (AFGE), and the Service Employees International Union (SEIU) filed a lawsuit against Treasury Secretary Scott Bessent and the Department of the Treasury. The complaint alleges that the Treasury's actions violate the Privacy Act of 1974 and the Internal Revenue Code by unlawfully disclosing personal and financial information to DOGE members without proper authorization.[^contrast-trump]
Key Concerns
The lawsuit highlights several critical issues:
- Unauthorized Access: The Treasury Department's payment systems process transactions such as Social Security payments, tax refunds, and federal salaries. Granting DOGE access to these systems potentially exposes sensitive data, including Social Security numbers, bank account details, and personal addresses, to unauthorized individuals.
- Legal Violations: The plaintiffs argue that the disclosure of this information to DOGE members contravenes federal laws designed to protect personal data. The Privacy Act of 1974 restricts the sharing of personal information without consent, and the Internal Revenue Code safeguards taxpayer data from unauthorized access.
- Lack of Transparency: The decision to provide DOGE with access was made without public announcement or legal justification, bypassing the standard procedures required for altering data disclosure policies.
A Stark Contrast: Trump's Fight Over Taxpayer Transparency
The irony is hard to miss—while DOGE now wields unprecedented access to taxpayer data, former President Donald Trump spent years resisting efforts to disclose his own tax returns. After prolonged legal battles, his returns were finally made public in December 2022, revealing that he paid minimal federal income taxes in several years, including $750 in 2016 and 2017, and no federal taxes in 2020. The stark contrast between Trump's efforts to shield his financial records and his administration's willingness to grant Musk's DOGE access to sensitive taxpayer information raises fundamental questions about privacy, transparency, and executive power.
Implications for Taxpayers
This situation underscores the importance of stringent data protection measures within government agencies. Taxpayers entrust their personal information to the government with the expectation that it will be safeguarded against unauthorized access and misuse. The alleged actions of the Treasury Department and DOGE raise questions about the adequacy of current privacy protections and the potential for abuse when safeguards are circumvented.
Conclusion
As this legal battle unfolds, it serves as a critical reminder of the need for transparency, accountability, and strict adherence to privacy laws in the handling of taxpayer information. The outcome of this case could have far-reaching implications for how personal data is managed within federal agencies and the extent of oversight required when granting access to sensitive information.
What do you think? What safeguards should be in place to prevent government overreach in accessing taxpayer data?
Further Reading
- Treasury Department sued over DOGE takeover, The Verge.
- Unions sue to block Musk team's access to Treasury payments, Politico.
- Elon Musk May Have Your Social Security Number, New York Mag.
- Letters to Treasury Sec. Bessent on Treasury payment system, Offices of Sens. Elizabeth Warren (D-Mass.) and Ron Wyden (D-Ore.).
Alliance for Retired Americans v. U.S. Dep’t of the Treasury, No. 1:25-cv-00313 (D.D.C. filed Feb. 3, 2025), https://www.citizen.org/wp-content/uploads/1-Complaint-7.pdf (stating "5. In his first week as Treasury Secretary, defendant Bessent violated these restrictions. Elon Musk and/or other DOGE members had sought access to the Bureau’s records for some time, only to be rebuffed by the employee then in charge of the Bureau. Within a week of being sworn in as Treasury Secretary, Mr. Bessent placed that civil servant on leave and granted DOGE-affiliated individuals full access to the Bureau’s data and the computer systems that house them. He did so without making any public announcement, providing any legal justification or explanation for his decision, or undertaking the process required by law for altering the agency’s disclosure policies."). ↩︎
Hani Sarji
New York lawyer who cares about people, is fascinated by technology, and is writing his next book, Estate of Confusion: New York.
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