DOGE’s access to federal data is ‘an absolute nightmare,’ legal experts warn
“The opaque office’s early moves have violated the Privacy Act and cybersecurity laws, according to legal experts, and triggered a lawsuit challenging the Trump administration’s assault on government bureaucracy.
Legal and security experts are particularly exercised by Musk’s move to shutter the U.S. Agency for International Development and take control of the Treasury Department’s central payments database.
“The scale here is unprecedented in terms of the risk to sensitive personal and financial information,” said Alan Butler of the Electronic Privacy Information Center. “It’s an absolute nightmare.”
The Musk-led effort to gain entry into Treasury’s huge payment database drew a lawsuit Monday from two major federal employee unions and left some lawyers who specialize in regulation of such data nearly apoplectic.
Mary Ellen Callahan, former Chief Privacy Officer at the Department of Homeland Security, called DOGE’s access “a data breach of exponential proportions.” “If we lose control of that data, we’ve lost control forever,” she said.”
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“Other lawyers said DOGE’s access could also violate cybersecurity-related laws, like the Federal Information Security Modernization Act of 2002.
Reports that career employees at the Office of Personnel Management were locked out of key databases by DOGE personnel also triggered deep concern Monday among legal and security experts. A key OPM database was breached by hackers in 2013, prompting widespread outrage from lawmakers and federal workers. The U.S. government blamed the hack on China and said the data could be used to target or enlist federal employees in espionage.
“They’re not following the law, they’re not following any semblance of best practice, they’re just hacking and slashing government IT systems in a way that threatens national security and puts everyone at risk,” Butler said.
Claims by Musk that he is shutting down USAID were met with widespread skepticism as well. USAID was created through an executive order issued by President John F. Kennedy in 1961. But it was formally established as a federal government agency by Congress in 1998, creating doubts about Trump’s authority to simply abolish it or, as Secretary of State Marco Rubio has suggested, fold it into the State Department.
“I think it’s the most clearly unconstitutional act that he’s doing,” said Alex Joel, an adjunct professor of law at American University. “He can’t just destroy the whole agency.””
https://www.politico.com/news/2025/02/03/doge-treasury-usaid-donald-trump-011538