A federal judge recently imposed new restrictions on the Department of Government Efficiency (DOGE), led by billionaire Elon Musk, limiting its access to sensitive Social Security systems. This decision, issued by U.S. District Judge Ellen Hollander, comes in response to a lawsuit filed by labor unions and retirees. The plaintiffs allege that DOGE’s actions infringe upon privacy laws and pose significant information security risks. The preliminary injunction follows a prior temporary restraining order placed by the judge.
The restrictions permit DOGE staff to access redacted or anonymized data, contingent upon undergoing training and background checks. Judge Hollander has mandated that DOGE and its affiliates eliminate any non-anonymized Social Security data acquired since January 20. Furthermore, they are prohibited from altering or installing any software or code within the Social Security Administration’s systems and from sharing such code.
While acknowledging the importance of addressing fraud, waste, and mismanagement, the judge emphasized that the primary issue lies in DOGE’s methods. The Social Security Administration (SSA) has operated under a privacy-centric framework for nearly 90 years, and this case highlights significant concerns regarding data privacy.
During a federal court hearing in Baltimore, Judge Hollander expressed skepticism about DOGE’s need for broad access to sensitive personal information to combat Social Security fraud. Union members and retirees protested outside the courthouse, fearing that DOGE’s actions could jeopardize future Social Security benefits.
Attorneys representing the Trump administration argued that anonymizing data would significantly hinder their efforts. They contended that DOGE’s access aligns with standard practices within the agency, where employees and auditors routinely access databases. However, the plaintiffs’ attorneys described the access as unprecedented and concerning, particularly regarding sensitive information such as medical records and data concerning children and individuals with disabilities.
The Social Security Administration has faced challenges since President Donald Trump began his second term, including the resignation of acting commissioner Michelle King. Her departure followed her refusal to grant DOGE staff the desired access. Leland Dudek, her successor, failed to attend a recent hearing despite being requested by Judge Hollander to testify about DOGE’s recent activities.
Judge Hollander clarified that her order does not extend to SSA employees unaffiliated with DOGE, allowing them to perform their duties without restriction. However, DOGE staffers seeking access to anonymized data must complete the same training and background checks required of SSA employees.
In a related development, Dudek faced criticism for an order requiring Maine parents to obtain Social Security numbers for their newborns at federal offices rather than hospitals. This order was quickly rescinded, but emails suggested it was politically motivated in response to Maine Governor Janet Mills’ opposition to the Trump administration’s policies.
Despite the political tensions surrounding the case, Judge Hollander rebuked suggestions that her inquiries reflected a policy disagreement. The judge’s ruling is the latest in a series of cases concerning DOGE’s data access, with various legal challenges still unfolding.