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Tesla and SpaceX CEO Elon Musk, left, and Republican presidential nominee former President Donald Trump attend a campaign event at the Butler Farm Show, Saturday, Oct. 5, 2024, in Butler, Pa. (AP Photo/Alex Brandon).
A data privacy advocacy group and an unnamed federal employee have filed a lawsuit accusing the Trump administration and the “so-called” Department of Government Efficiency (DOGE) of illegally seizing personal records and payment system data from the Treasury Department in what the plaintiffs refer to as “the largest data breach in history.”
The Electronic Privacy Information Center (EPIC) filed the suit in the U.S. District Court for the Eastern District of Virginia requested a federal judge issue an order blocking the Elon Musk-led DOGE from accessing databases at Treasury and the Office of Personnel Management [OPM] and requiring the disgorgement or deletion of all information obtained through unlawful means.
“This action arises from the largest and most consequential data breach in U.S. history, currently ongoing at the U.S. Department of the Treasury and U.S. Office of Personnel Management,” the suit states. “This unprecedented breach of privacy and security implicates the personal information of tens of millions of people, including nearly all federal employees and millions of members of the American public.”
According to the 30-page complaint, the Trump administration has been “deliberately” providing DOGE with illegal access to confidential and protected data which was then used for “legally prohibited purposes.” Accusing the government of “basic security failures,” the plaintiffs allege that personal data of tens of millions of Americans and millions of federal employees — including social security numbers and tax information — have been disclosed as a result.
“DOGE Defendants have exceeded the scope of their legal authority by accessing and controlling OPM and Treasury systems,” the filing states. “These ultra vires actions have resulted in unlawful disclosure of the contents of these systems, violated Plaintiffs’ constitutional right to privacy of information, and endangered the security of the information they contain.”
Monday’s lawsuit is the latest in a flurry of lawsuits challenging measures President Donald Trump has attempted to enact through executive orders, which included the creation of DOGE, cutting the federal workforce and spending, and an attempt to redefine citizenship under the Fourteenth Amendment.
EPIC’s lawsuit names as defendants OPM and OPM Acting Director Charles Ezell, the Treasury Department and Treasury Secretary Scott Bessent, and DOGE. But the complaint also targets Musk, claiming he has already “disclosed sensitive information from Treasury systems” over his social media platform, X, formerly Twitter, which he allegedly received “because of his affiliation with DOGE defendants.”
“DOGE Defendants and other DOGE operatives have made clear their disregard for legal controls or restraints, and in light of their past willingness to disclose information publicly or use it for other unlawful purposes, their continued access to sensitive information presents a near certainty that they will continue to misuse that information,” the complaint states.
Despite its title, DOGE is not an actual federal government department. Rather, it is a “temporary organization” formed by President Donald Trump via executive order tasked with “modernizing federal technology and software to maximize efficiency and productivity” by reducing the number of federal workers and cutting spending. The organization is established under the Executive Office of the President and its yet-to-be-named administrator will report to the White House chief of staff.
The complaint alleges that the security risks stemming from the “ongoing breach” have “only escalated” of late.
“Not only have Musk and his associates illegally obtained sensitive payment documents and millions of individuals’ personal information, but screenshots of sensitive information apparently leaked from BFS systems have also been posted publicly on Twitter/X,” EPIC said in a press release. “The publication of such sensitive information from a government database presents urgent privacy, safety, and national security threats.”
“We believe that the illegal seizure of personnel records and payment system data poses an immediate and existential threat to the privacy and security of all Americans, and we are working diligently to stand up and challenge these unlawful actions,” Alan Butler, the Executive Director of EPIC, said in a statement.
