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Politics
20 April 2025

Federal Judge Limits DOGE Access To Social Security Data

Concerns grow over data privacy as 23andMe faces bankruptcy and scrutiny from lawmakers.

Washington, D.C. — A federal judge has issued a significant ruling limiting the Department of Government Efficiency (DOGE) from accessing sensitive personal information within the Social Security Administration (SSA), citing serious privacy and legal concerns. The preliminary injunction, handed down by U.S. District Judge Ellen Hollander, blocks DOGE staff from entering SSA databases containing personally identifiable information (PII) of millions of Americans. This comes after a lawsuit filed by unions and retirees in Maryland accused the Trump administration of overreach and unlawful surveillance practices.

Judge Hollander made clear that while efforts to prevent fraud and waste are in the public interest, the methods used by DOGE — a group led by allies of Elon Musk — were unlawful and posed a significant threat to privacy. “The issue here is not the work that DOGE or the Agency want to do,” Hollander wrote in a 148-page opinion. “But rather how they want to do the work.” The judge criticized the Social Security Administration for allowing DOGE access to vast amounts of private data without proper justification, stating the agency had failed to explain why DOGE staff required “unprecedented, unfettered access” to nearly all SSA systems.

The ruling includes several key takeaways: DOGE is barred from accessing PII in SSA databases; any non-anonymized data in DOGE’s possession must be deleted immediately; DOGE must remove software previously installed on SSA systems; and access to anonymized data is still permitted, but only with proper training and safeguards.

In response to the ruling, White House spokesperson Liz Huston stated that the administration intends to appeal, asserting, “The American people gave President Trump a clear mandate to uproot waste, fraud, and abuse across the federal government. We expect ultimate victory on appeal.” Notably, the appeals court had previously rejected a Trump administration attempt to overturn an earlier temporary restraining order issued by Hollander on March 20.

DOGE’s controversial role at federal agencies has raised eyebrows, particularly as recent reports show DOGE personnel using SSA data to push unverified claims about noncitizen voting — actions now under scrutiny by lawmakers and whistleblowers. Rep. Gerry Connolly (D-VA), the top Democrat on the House Oversight Committee, has called for a full investigation, citing whistleblower reports of DOGE misuse and unauthorized data access. Additionally, a whistleblower from the National Labor Relations Board revealed this week that DOGE’s involvement coincided with the disappearance of sensitive case data.

Privacy advocates have applauded the court’s decision. Skye Perryman, CEO of Democracy Forward and attorney for the plaintiffs, remarked, “This is a significant relief for the millions of people who depend on the Social Security Administration to safeguard their most personal and sensitive information.”

For now, SSA employees unaffiliated with DOGE may continue to access necessary data, and privacy-protected research can proceed under strict guidelines. However, this ruling places a firm legal boundary on how far politically appointed oversight teams can go — especially when it comes to Social Security records.

Meanwhile, in a separate but equally concerning development, three congressmen from the House Committee on Energy and Commerce are raising alarms over data privacy weeks after the genetic testing company 23andMe filed for bankruptcy, putting millions of customers’ personal information up for sale. The Republican representatives — Brett Guthrie from Kentucky, Gus Bilirakis from Florida, and Gary Palmer from Alaska — sent a letter to 23andMe interim Chief Executive Joe Selsavage on Thursday, April 17, 2025, requesting answers to several questions by May 1.

The questions revolve around the fate of 23andMe’s genetic database, which includes DNA information from more than 15 million people. The company declared Chapter 11 bankruptcy in March and received authorization from the U.S. Bankruptcy Court for the Eastern District of Missouri to sell substantially all its assets. Founded in 2006 and once valued at $6 billion, 23andMe popularized at-home DNA test kits but ultimately failed to establish a sustainable business model, leading to concerns that genetic information could fall into the wrong hands.

“Given the lack of HIPAA protections, the patchwork of state laws covering genetic privacy, and the uncertainty surrounding what happens to customer information should a sale of the company or customer data and information transpire, we are concerned that this trove of sensitive information is at risk of being compromised,” the Energy and Commerce letter stated.

Though any buyer of 23andMe must agree to comply with the company’s privacy policy, that policy can be unilaterally changed at any time, according to Sara Geoghegan, senior counsel at the Electronic Privacy Information Center. “I would be very concerned if I had given a swab to 23andMe,” Geoghegan said. “There is little we can do to control what happens to it.”

The bankruptcy filing prompted California Attorney General Rob Bonta to issue a consumer alert urging customers to delete the data they had provided to the company. “Given 23andMe’s reported financial distress, I remind Californians to consider invoking their rights and destroy any samples of genetic material held by the company,” Bonta wrote. Following this warning, the 23andMe website crashed as customers rushed to log in, as reported by the Wall Street Journal.

Thursday’s letter from the congressmen raised the issue that customers are experiencing difficulties accessing and deleting their data. The House Committee on Oversight and Government Reform and the Federal Trade Commission have also sent letters to 23andMe recently inquiring about data protection. In an open letter to customers issued in late March 2025, 23andMe assured them that their data would remain protected in the event of a sale.

The intertwining issues of data privacy and government oversight have become increasingly urgent as both the DOGE ruling and the 23andMe bankruptcy highlight the complexities and potential risks involved in handling sensitive personal information. As these stories unfold, the implications for millions of Americans remain critical.