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A federal judge has issued a temporary restraining order preventing Elon Musk’s Department of Government Efficiency team from accessing sensitive personal data held by the Social Security Administration (SSA). This ruling came from Judge Ellen Lipton Hollander, who criticized the DOGE team for its quest to obtain confidential information without a valid justification.
In her strongly worded decision, Judge Hollander described the actions of DOGE as a “fishing expedition,” concluding that the team had not articulated a reason for requiring “unlimited access” to extensive SSA data, which contains the private information of millions of Americans who trust the government to safeguard their personal details.
The court order affects not just the SSA but also individuals involved in the administration, including Acting Commissioner Leland Dudek and Chief Information Officer Michael Russo, prohibiting them and their affiliates from accessing any records that include personally identifiable information.
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The lawsuit identifies personally identifiable information as any data that can identify an individual, either directly or in conjunction with other data. This encompasses a range of sensitive information including Social Security numbers, medical records, employment details, addresses, financial records, and tax information.
As part of the ruling, Judge Hollander ordered DOGE team members to delete all non-anonymized personally identifiable information they have obtained since January 20, whether directly or indirectly.
The lawsuit was filed by a coalition of unions and retirees, which includes the American Federation of State, County and Municipal Employees, the Alliance for Retired Americans, and the American Federation of Teachers.
Following the ruling, White House spokesman Harrison Fields criticized Judge Hollander, labeling her as a “radical leftist” and claiming that she was misusing the judicial system to obstruct the Trump administration’s objectives. Fields emphasized that the President would pursue all available legal options to enact the will of the American public.
A spokesperson for the Social Security Administration stated that they will work to comply with the newly issued court order.
Judge: DOGE method ‘hitting a fly with a sledgehammer’
In her assessment, Judge Hollander highlighted the anonymity maintained by the DOGE team members. She pointed out the irony in that these members are shielded from public identification due to fears of harassment, while neglecting the privacy concerns of millions of Americans whose SSA records could be exposed without their consent.
She criticized the government’s lack of effort to outline why a more focused approach to data access was not feasible, stating, “Instead, the government simply repeats its incantation of a need to modernize the system and uncover fraud.” Hollander likened their approach to “hitting a fly with a sledgehammer.”
Judge Hollander suggested that the plaintiffs have a strong potential to succeed in their claims that DOGE’s methods are arbitrary and infringe upon the Privacy Act and the Administrative Procedure Act. Richard Fiesta, executive director of the Alliance for Retired Americans, expressed gratitude for the court’s decision to protect personal data, emphasizing that it is crucial for seniors to feel secure that their personal information is protected from unwanted access.
— CNBC’s Dan Mangan and Kevin Breuninger contributed to this report.
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