Supreme Court Upholds Department of Government Efficiency's Access to Sensitive Data amid Privacy Concerns

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ICARO Media Group
Politics
07/06/2025 04h56

### Supreme Court Grants Crucial Wins to Government Efficiency Department in Data Access and Transparency Cases

In a series of pivotal decisions on Friday, the Supreme Court provided significant victories to the Department of Government Efficiency (DOGE), enabling it to access extensive Social Security data while also pausing a probe into its adherence to a key transparency law.

The first critical ruling permits DOGE to delve into data held by the Social Security Administration (SSA), allegedly to root out fraud and upgrade outdated systems. Despite criticism and warnings from lower courts about potential overreach into sensitive data, the Supreme Court allowed DOGE's review. "Under the present circumstances, SSA may proceed to afford members of the SSA DOGE Team access to the agency records in question in order for those members to do their work," the order stated.

In another judgment, the conservative-leaning Supreme Court halted a lower court's directive that required DOGE to release documents amidst a lawsuit. This legal battle, which questions whether DOGE should be subjected to federal records requests, has been sent back to the lower courts for a narrower scope.

The controversial decisions come against the backdrop of tensions between President Donald Trump and tech mogul Elon Musk, who previously utilized DOGE as a mechanism to streamline federal operations. The ruling on Social Security data access, highlighted in Justice Jackson’s dissent, illuminated the profound privacy risks for millions of Americans. Jackson pointed out that this decision essentially grants DOGE operatives extensive access to sensitive personal information including Social Security numbers, earnings records, and health data.

The Trump administration's emergency appeal to the Supreme Court, the first to prominently feature DOGE, was spearheaded by US Solicitor General D. John Sauer. Sauer contended that the lower court overstepped its jurisdiction by "micromanaging" DOGE's data access, a victory that may set a precedent for future cases involving government data access.

Critics like Kathleen Romig, director at the Center on Budget and Policy Priorities, caution against DOGE’s handling of sensitive information. Romig, who previously served as a senior adviser at the SSA, underscored sworn testimonies revealing that DOGE accessed data from unsecured locations.

In the prevailing court case, Judge Ellen Hollander's preliminary injunction against DOGE was notable due to the extensive evidence indicating potential Privacy Act violations by the administration. Projects cited to justify DOGE's data access, such as the "Are You Alive?" project and the Fraud Detention Project, could ostensibly be managed with anonymized data, according to Judge Hollander.

The fallout includes a career SSA official being placed on administrative leave for enabling DOGE's questionable data access, only to be later promoted by the Trump administration. This backdrop sets the stage for further scrutiny of DOGE's practices and the balance between government efficiency and privacy concerns.

A separate case concerning DOGE's transparency highlighted ongoing disputes about its status and operational secrets. Watchdog groups, like Citizens for Responsibility and Ethics in Washington (CREW), have pushed for DOGE to release information, arguing its operations should be open to public scrutiny. The Supreme Court’s decision to limit discovery in CREW's lawsuit still allows some investigation to proceed, potentially revealing more about DOGE's role within the federal structure.

The Trump administration has staunchly defended DOGE, claiming it serves purely advisory functions and should thus be exempt from the Freedom of Information Act (FOIA). However, earlier court rulings have suggested otherwise, propelling ongoing legal challenges that could reshape public oversight of government entities like DOGE.

The views expressed in this article do not reflect the opinion of ICARO, or any of its affiliates.

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