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Justice Department Agrees to Limit DOGE Access to Treasury Servers


— February 5, 2025

“After all, as long as the sensitive data of Plaintiffs’ members remains accessible to Mr. Musk and other members of DOGE, the more opportunity there is for that data to be disclosed to still more unauthorized parties, either accidentally or deliberately,” the lawsuit alleges.


The federal Department of Justice has agreed to limit Elon Musk’s so-called “Department of Government Efficiency” from accessing information held by the U.S. Department of the Treasury.

The settlement was negotiated after a coalition of labor union members and retirees filed a lawsuit against the Treasury Department. In their complaint, the plaintiffs claimed that providing DOGE access to the federal government’s payment and collections systems violated privacy laws.

“[Treasury Secretary Scott Bennett] decided behind closed doors to allow individuals not involved in the processing of the government’s financial transactions to root around in the Bureau’s records,” the lawsuit alleges. “Giving access to those records is unlawful.”

“And the longer that the private information of Plaintiffs’ members remains accessible to unauthorized third parties, the greater the irreparable injury is,” it says. “After all, as long as the sensitive data of Plaintiffs’ members remains accessible to Mr. Musk and other members of DOGE, the more opportunity there is for that data to be disclosed to still more unauthorized parties, either accidentally or deliberately.”

The payment and collections systems, notes NBC News, also house stores of personal data.

Department of Justice signboard. Image via Ryan J. Farrick.

On Wednesday, the Trump administration filed a motion to enter a proposed order detailing the terms of the agreement.

“The Defendants will not provide access to any payment record or payment system of records maintained by or within the Bureau of the Fiscal Service,” the proposed order states.

The order carves out exceptions for two “special government employees” at the Treasury, who the Trump administration says will be permitted access “as needed” to perform their duties, “provided that such access to payment records will be ‘ready only.’”

U.S. District Judge Colleen Kollar-Kotelly approved the settlement agreement on Thursday morning; its terms will remain in effect until at least February 24.

“We’re pleased that the court acted quickly to put in safeguards to protect people’s personal information until the facts are sorted out,” said Nandan Joshi, an attorney for the plaintiffs.

“Americans who rely on Social Security and similar programs should be able to trust their government to handle their sensitive information with the utmost care. No one should ever face having their personal information used for improper purposes without their consent, which is why we’ve brought this case,” Joshi said.

The White House has continued to defend its initiative.

“Those leading this mission with Elon Musk are doing so in full compliance with federal law, appropriate security clearances, and as employees of the relevant agencies, not as outside advisors or entities,” a White House official said in a statement.

Sources

DOJ agrees to proposed order to limit DOGE’s access to Treasury data

Trump administration agrees to restrict DOGE access to Treasury Department payment systems

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