Three New Lawsuits Target DOGE, Musk Over Massive Data Breach and Privacy Violations

Legal challenges intensify against the US DOGE Service and Elon Musk over unauthorized access to millions of Americans' personal data / Getty Images | Kent Nishimura

The controversial actions of the US DOGE Service, spearheaded by Elon Musk, have sparked new legal challenges as three additional lawsuits have been filed to halt the unlawful access and misuse of private data. These lawsuits seek urgent court orders to cease access to sensitive government records, demand the deletion of improperly accessed data, and hold those responsible accountable for the violation of privacy laws. The allegations against Musk and the DOGE Service involve unauthorized access to the personal information of millions of federal employees and citizens, posing significant risks to privacy and security.

Multiple Lawsuits Allege Breach of Privacy Laws

The series of lawsuits, filed in early February 2025, target the US DOGE Service, Elon Musk, the US Office of Personnel Management (OPM), and OPM Acting Director Charles Ezell. In one of the cases, filed in the US District Court for the Southern District of New York, the plaintiffs accuse OPM of unlawfully granting DOGE Service representatives full access to personnel records of millions of federal employees, contractors, and job applicants. These records, which are protected under the Privacy Act of 1974, contain sensitive information like Social Security numbers, employment histories, medical data, and security clearance details.

The lawsuit argues that DOGE, a temporary agency created by President Trump, lacks a legitimate need for such access, and that the actions of OPM and the DOGE Service violate federal privacy laws. The plaintiffs, including several unions and current and former federal workers, are demanding the immediate cessation of DOGE’s access to these records, along with financial damages for the individuals affected by the breach.

Unprecedented Data Breach Involving Millions of Americans

A second lawsuit, filed in the District of Maryland, expands the scope of the allegations. This case claims that the US Treasury Department improperly allowed DOGE representatives to access sensitive records from the Federal Disbursement System, which is responsible for distributing payments such as tax refunds, Social Security benefits, and federal salaries. The system contains highly personal information, including Social Security numbers, bank account details, and addresses, making it a prime target for identity theft and fraud.

The plaintiffs, which include unions representing teachers, federal employees, and healthcare workers, assert that DOGE's access to this system and other federal data violates privacy laws and puts millions of Americans at risk. The lawsuit highlights the potential harm to individuals whose personal data could be used maliciously or exposed to unauthorized parties.

Legal Teams Demand Action to Prevent Ongoing Violations

The Electronic Privacy Information Center (EPIC) has also filed a lawsuit in the Eastern District of Virginia, naming several defendants, including OPM, the US Treasury Department, and DOGE. EPIC argues that this breach is the "largest and most consequential" in US history, affecting not only federal employees but also millions of private citizens. The lawsuit claims that basic security failures have led to the unlawful disclosure of sensitive data, including tax return information and personal details of federal workers.

The EPIC lawsuit is particularly focused on the mishandling of tax-related data, claiming that the Treasury Department and DOGE have allowed the unlawful inspection and disclosure of individuals' tax returns, in violation of the Privacy Act and other federal regulations. This includes the unauthorized access of financial records by DOGE representatives, who, the plaintiffs argue, are acting with gross negligence or willful intent to misuse the data.

Privacy Violations Pose Risks to Personal Safety and Financial Security

The lawsuits emphasize the severe consequences of the data breach for affected individuals, particularly for federal employees, contractors, and military veterans who rely on government benefits. The plaintiffs express concerns that the exposure of their personal data could lead to identity theft, harassment, blackmail, or even physical harm. One plaintiff, a military veteran who served in Iraq, claims that unauthorized access to his personal information compromises his safety due to threats from terrorist groups. Others worry that their data may be used to interfere with their government benefits, including disability payments and Social Security benefits.

The Electronic Frontier Foundation (EFF), which is representing several plaintiffs, has described DOGE's actions as a "brazen ransacking" of Americans' sensitive data, warning that the breach undermines the privacy and security of millions. The EFF’s legal team argues that DOGE’s unchecked access to personal information puts federal workers and the public at risk, citing reports of DOGE associates violating security protocols by using private emails and failing to disclose their identities during official communications.

Musk’s Role and Potential Liability

Elon Musk is named as a defendant in several of the lawsuits, with plaintiffs arguing that his role in overseeing DOGE's operations makes him directly responsible for the unlawful access to government data. Musk, who was appointed as the head of the temporary DOGE Service, is accused of exerting substantial control over the agency's activities, including the unauthorized collection of sensitive data. Some lawsuits question whether Musk’s management of DOGE and his actions have led to systemic failures in data security.

In addition to these legal challenges, Musk has faced criticism for his comments regarding government systems, which further raised concerns about his understanding of the technical and legal implications of handling sensitive information. His recent remarks questioning the use of SQL in government systems, as well as claims of widespread fraud in the Social Security database, have drawn backlash from experts who point to his lack of expertise in dealing with complex government IT systems.

Ongoing Legal Challenges and the Future of DOGE’s Access

These lawsuits are part of a growing body of legal challenges against the US DOGE Service and Elon Musk. Last week, a federal judge temporarily blocked DOGE’s access to Treasury payment systems, and further legal action is expected to follow. The lawsuits demand immediate action to protect the privacy of federal workers and ordinary Americans, as well as financial compensation for those harmed by the data breach.

As the legal battles unfold, the future of the DOGE Service and Musk's involvement in managing sensitive government data remains uncertain. With privacy concerns mounting and the scope of the breach expanding, it is clear that these lawsuits will have significant implications for the handling of government records and the protection of personal data in the digital age.