The American Civil Liberties Union (ACLU) informed federal lawmakers on Friday that Elon Musk and his Department of Government Efficiency (DOGE) have taken control of several federal computer systems that contain data heavily restricted under federal regulations. The ACLU warns that any improper use of this data may be not only unlawful but also unconstitutional.
DOGE personnel have infiltrated or gained command over various federal agencies tasked with managing personnel records for nearly two million federal employees, including departments that provide a wide array of software and IT services to the government.
The ACLU notes that any unauthorized use of sensitive or personally identifiable information to eliminate government staff who do not align ideologically may violate federal law. The Privacy Act and the Federal Information Security Modernization Act explicitly forbid unauthorized access and handling of government personnel information.
In a correspondence to members of various congressional oversight committees, ACLU attorneys pointed out DOGE’s access to Treasury systems that oversee a “majority” of federal payments, which encompasses information regarding Social Security benefits, tax refunds, and salaries. Referring to reporting from WIRED on Tuesday, the attorneys indicate that such control allows DOGE to cut funding to specific agencies or individuals while also gaining access to “enormous amounts of personal data,” including “millions of Social Security numbers, bank accounts, business finances, and personal finances.”
The attorneys observe: “The access to—and potential misuse of—that information could endanger millions of individuals. Young engineers, lacking experience in human resources, government benefits, or privacy law requirements, now hold unprecedented oversight over payments to federal employees, Social Security beneficiaries, and small businesses—and with that, control over those payments.”
The ACLU lawyers emphasize that, under typical circumstances, these systems would be managed by career civil service professionals with extensive training and experience in handling sensitive data, all of whom underwent a thorough vetting process.
Additionally, the organization has submitted Freedom of Information Act (FOIA) requests for the communication records of identified DOGE staff members, along with information regarding any access requests made by the task force for sensitive data at the Office of Personnel Management (OPM).
Other documents the ACLU is pursuing relate to DOGE’s intentions to implement artificial intelligence tools within the government, as well as any strategies or discussions about compliance with a range of federal laws designed to protect sensitive financial and medical information, such as the Health Information Portability and Accountability Act (HIPAA).
WIRED first reported on Thursday that DOGE employees at the General Services Administration, responsible for the US government’s IT infrastructure, have begun advocating for the rapid deployment of a homegrown AI chatbot called “GSAi.” A source familiar with GSA’s previous AI efforts informed WIRED that the agency initiated a pilot program last fall to evaluate the use of Gemini, a chatbot customized for Google Workplace. However, DOGE quickly concluded that Gemini would not deliver the desired data level sought by the task force.
