Federal Judge Partially Blocks DOGE Access Amid Privacy Lawsuit

In response to a privacy lawsuit, a federal judge has provisionally restricted the access of Elon Musk’s DOGE employees to U.S. Treasury systems. The judge cited concerns about potential violations of personal data protections.

A  federal magistrate Thursday limited access to a Treasury Department payments system that various Department of Government Efficiency surrogates had burrowed into at the behest of Elon Musk.

Judge Colleen Kollar-Kotelly of the U.S. District Court for the District of Columbia, in response to a lawsuit from a coalition of labour unions against the Treasury Department and Secretary Scott Bessent, wrote in her ruling that the defendants cannot “provide access to any payment record or payment system of records maintained by or within the Bureau of the Fiscal Service.”

Unions File Lawsuit Over Privacy Violations by DOGE Workers

The judge ruled that Tom Krause and Marko Elez, two Treasury Department “special government employees” connected to DOGE, were granted “read-only” access to Bureau of Fiscal Service systems “as needed for the performance” of their respective duties.

According to the Wall Street Journal, Elez resigned on Thursday afternoon. This followed the publication of apparent connections between his account and a deleted social media account that contained bigoted posts.

Further access exceptions were provided to Treasury employees, excluding special government employees, who need “a record or system of records for their work,” along with anyone entitled to access these records as per federal records laws and the Internal Revenue Code.

The Alliance for Retired Americans, the American Federation of Government Employees, and the Service Employees International Union filed a lawsuit alleging that Bessent permitted Musk and his DOGE surrogates to access the personal information of millions of individuals who have engaged with the federal government.

Per the lawsuit, the personal information comprises names, birth dates, birthplaces, home addresses, telephone numbers, email addresses, and bank account information.

The union groups claimed that the recently confirmed Bessent granted DOGE workers “full access” to the Bureau of Fiscal Service’s “data and the computer systems that house them” after he placed a Treasury employee who had previously obstructed DOGE efforts on leave.

The plaintiffs, represented by the Public Citizen Litigation Group and the State Democracy Defenders Fund, requested that the court immediately cease the “systematic, continuous, and ongoing violation of federal laws that protect the privacy of personal information contained in federal records.”

They cited the Privacy Act of 1974 and the Internal Revenue Code’s protections for taxpayer information.

A disagreement arose over whether DOGE employees had only read access to the Treasury’s systems or the ability to change files and code. On Monday, Politico reported that Bessent informed Republican lawmakers he had allowed a team at DOGE, led by a Treasury liaison, to access the system in a read-only capacity.

However, Wired later revealed that Elez, a 25-year-old engineer connected to Musk, “has direct access to Treasury Department systems that oversee nearly all payments made by the U.S. government.”

The order from Judge Kollar-Kotelly will remain in effect until the court rules on an imminent preliminary injunction motion from the plaintiffs.

On Tuesday, protesters assembled outside the Treasury, voicing their anger regarding allegations connected to DOGE’s access to confidential systems.

Near the White House, demonstrators waved signs criticizing Musk and DOGE. One sign read, “America: We have been hacked,” and another demanded President Musk’s impeachment.

A coalition of Democratic lawmakers, including Rep. Maxwell Frost, D-Fla., Sen. Chuck Schumer, D-N.Y., Sen. Ed Markey, D-Mass., and Rep. Jamie Raskin, D-Md., addressed the demonstrators.

Sen. Elizabeth Warren, a Democrat from Massachusetts, stated in her remarks that “Elon Musk was not elected to do nothing.”

Sen. Ron Wyden, the ranking member of the Senate Finance Committee and a Democrat from Oregon, stated that they had a single message: “Tell Elon Musk to stop handling your money.”

On Wednesday, Wyden and many other Democratic lawmakers requested information from the administration about DOGE, such as its personnel, the systems it is accessing, and the measures it is taking to protect information.