Balt. Judge Curbs DOGE’s Social Security Data Access

In a significant legal development, a federal judge on Thursday implemented stringent restrictions on Elon Musk’s Department of Government Efficiency (DOGE), which has been attempting to access the Social Security systems containing personal data of countless Americans.
The lawsuit, initiated by labor unions and retirees, argues that DOGE’s endeavors breach privacy laws and exacerbate data security threats. In response, U.S. District Judge Ellen Hollander has issued a preliminary injunction, following an earlier temporary restraining order.
While DOGE personnel can now only access redacted or non-identifiable data, they must first complete training and pass background checks. Hollander mandates the removal of all non-anonymous Social Security data obtained by DOGE since January and prohibits any alterations to the systems used by the Social Security Administration.
Hollander acknowledged the public’s desire for effective government management but stressed that DOGE’s approach disrupts the long-standing privacy expectations tied to Social Security records. “Efforts to tackle fraud and inefficiency are commendable, but the method of implementing such changes cannot compromise privacy,” Hollander noted.
During a recent court session, Hollander persistently questioned the federal attorneys on the necessity of DOGE’s expansive access to sensitive personal data to identify Social Security fraud. This approach has raised alarms among union members and retirees, who view it as a threat to the security of their Social Security benefits.
The administration’s lawyers contended that changing data processing practices would significantly impede progress. Bradley Humphreys of the Justice Department emphasized the challenges of anonymizing such data, arguing that the access granted to DOGE mirrors standard agency practices. Nevertheless, plaintiffs’ attorneys describe this access as unprecedented, altering how sensitive data, such as medical records, is guarded.
Alethea Anne Swift, representing Democracy Forward, argued that any unauthorized access to Social Security information constitutes a legitimate privacy breach, causing anxiety among recipients. The disruption within the Social Security Administration has been pronounced since President Trump’s re-election, highlighted by the resignation of the acting commissioner due to conflicts over data access.
Leland Dudek, appointed as the acting commissioner, faced backlash for several controversial decisions, including an attempt to require newborn Social Security registrations to occur in federal offices, a move swiftly overturned.
At a recent court hearing, Dudek skipped an invitation to testify regarding DOGE’s actions, prompting Hollander to issue a reprimand citing his threats to halt agency operations.
The Department of Government Efficiency access case reflects broader political tensions, yet Hollander emphasized that her court’s focus remains on understanding procedural operations, not politics. The case parallels another challenge concerning DOGE’s access to data from multiple federal agencies. While an appeals court earlier permitted DOGE’s data access, the current injunction brings the issue under new scrutiny.
As Judge Hollander’s ruling emerges as a pivotal decision regarding government data access, it remains subject to potential appeal to the 4th U.S. Circuit Court of Appeals, which has previously favored the administration in similar instances, including easing restrictions on DOGE’s access to international and executive agency data.