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Judge Won’t Prevent DOGE from Accessing Sensitive Data at Labor Department


— February 7, 2025

“In the context of this case, disclosure of OSHA records to the leader of multiple companies with ongoing OSHA investigations presents clear risks both to workers and to the integrity of OSHA’s enforcement efforts,” the lawsuit says.


A federal judge has rejected a labor union-led lawsuit’s request to bar Elon Musk’s “Department of Government Efficiency” from accessing sensitive data at the U.S. Department of Labor.

According to POLITICO, U.S. District Judge John Bates said that the plaintiff groups failed to establish that they have standing necessary to obtain a restraining order. However, while Bates refused to issue a restraining order, he did share concerns about workers’ data and privacy.

“This data includes the medical and financial records of millions of Americans,” Bates wrote. “But on the current record, plaintiffs have failed to establish standing.”

The ruling presents a setback for the unions, which hope to prevent DOGE from accessing data managed by other federal agencies, including the Department of Health and Human Services, the Department of Education, and the Consumer Financial Protection Bureau.

Elon Musk, grinning and at ease, wearing a dark suit and a plaid shirt with an unbuttoned collar.
Elon Musk in 2008. Photo by JD Lasica, via Flickr. CC BY 2.0

Attorneys for the plaintiffs, which include the AFL-CIO and the Economic Policy Institute, alleged that Musk is unlawfully attempting to access and retain data before courts have a chance to respond.

“DOGE seeks to gain access to sensitive systems before courts can stop them, dismantle agencies before Congress can assert its prerogatives in the federal budget, and intimidate and threaten employees who stand in their way, worrying about the consequences later,” the lawsuit says.

“Elon Musk has absolutely no business raiding the Department of Labor to obtain the sensitive personal information of workers,” said AFL-CIO President Liz Shuler. “It’s outrageous that Musk thinks that he has the authority to access private data on workers from an agency that’s entrusted with protecting the fundamental rights of working people.”

“With this lawsuit, we intend to stop Musk’s power grab cold,” Shuler said.

The lawsuit is motivated, in part, by the plaintiffs’ concerns that Musk may be seeking information on federal investigations into his companies. The Department of Labor’s Occupational Safety and Health Administration, for instance, has already investigated Tesla and SpaceX.

“In the context of this case, disclosure of OSHA records to the leader of multiple companies with ongoing OSHA investigations presents clear risks both to workers and to the integrity of OSHA’s enforcement efforts,” the lawsuit says.

In response to the labor unions’ filing, the Trump administration argued that the lawsuit was too speculative and based largely on concerns shared by a single staffer. However, prior to Bates’s ruling, DOGE had agreed to “limit” its interactions with the Department of Labor.

Sources

AFL-CIO, Affiliate Unions, Economic Policy Institute File Emergency Lawsuit Against DOGE to Protect Privacy of Worker Data

Government unions sue over DOGE access to Labor Department

Judge denies union demand to block DOGE’s access to Labor Department data

Labor Department workers fear they’re next on DOGE’s to-do list

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