How privacy laws are leading the legal battle against Musk and Trump ?

 Is Elon Musk's DOGE task force being granted unrestricted access to U.S. government computers, risking system failures and data leaks, as experts warn?

Elon Musk's access to highly classified government data, including sensitive information collected about and from the American public, has become a major battleground in the rapidly evolving legal struggle over President Donald Trump’s efforts to drastically reshape the federal bureaucracy.

Several lawsuits accuse the administration of violating privacy laws and other legal protections by allegedly permitting affiliates of Musk’s Department of Government Efficiency (DOGE) to take control of highly restricted government IT systems. Judges have moved swiftly—sometimes scheduling hearings on short notice—to assess the extent of DOGE’s reach into the digital infrastructure that supports critical government functions.

“We don’t have many facts beyond what’s been reported in the media,” Judge Colleen Kollar-Kotelly told administration lawyers in a case concerning the government’s system for transmitting trillions of dollars in payments annually.

Employees and supporters gathered to protest outside the U.S. Agency for International Development (USAID) headquarters on February 3, 2025, in Washington, DC.

Expanding Legal Challenges

Lawsuits have already been filed challenging the alleged takeover of IT systems at the Office of Personnel Management, the Treasury Department, and the Department of Labor by Musk’s associates. More litigation is expected, with DOGE reportedly seeking access to sensitive data at several other agencies, including USAID, the National Oceanic and Atmospheric Administration (NOAA), and the Centers for Medicare and Medicaid Services (CMS), which administer major federal health programs.

Democratic attorneys general from a dozen states announced Thursday their intent to join the legal battle.

Uncertainty looms over the vetting process for Musk’s allies—many of whom were placed in agencies under the special status of "special government employees"—and whether they underwent appropriate security screening before assuming control of critical IT systems. The Trump administration has also been opaque regarding restrictions on data use, despite these systems being subject to federal privacy laws.

“It’s not just about these civil servants versus Elon Musk’s agents,” said Kathleen Clark, a law professor at Washington University specializing in legal and government ethics. “It’s also about whether these agents illegally accessed and downloaded protected information.”

The Justice Department, responding to allegations of unlawful access, has insisted in court that proper protocols were followed and that no security breaches occurred.

Data Lawsuits and Broader Scrutiny

The data-related lawsuits are just one aspect of the legal challenges facing DOGE. Other cases accuse Musk and his associates of making sweeping changes to government operations without the necessary legal authority. However, privacy claims have been the first line of legal resistance against Musk’s unprecedented influence within the federal bureaucracy.

“You can’t just bring in anyone you want into the federal government; it’s not like the private sector,” said Virginia Canter, chief ethics counsel at Citizens for Responsibility and Ethics in Washington (CREW). “There are laws that protect access to government-collected information.”

In a statement, the White House defended DOGE’s efforts, asserting that reforms were being carried out by authorized government employees rather than external consultants.

“Reducing waste, fraud, and abuse and becoming better stewards of taxpayer dollars might be a crime to Democrats, but it’s not a crime in a court of law,” White House spokesperson Harrison Fields said.

Legal Maneuvering in Court

In the Treasury case, the Trump administration has already agreed to limit access to the government payment system, which is managed by the Treasury Department’s Bureau of the Fiscal Service, while litigation proceeds.

Justice Department attorneys have struggled to provide clear answers in court regarding DOGE’s role in accessing these systems.

“I don’t know if I can say nothing has been done” with records in the system, said attorney Bradley Humphreys in a Wednesday hearing on the Treasury case, while maintaining that no breaches of Americans’ private data had occurred.

Separate lawsuits have also raised concerns about Musk’s access to Justice Department computers containing sensitive information. FBI employees and their union sued the DOJ over its collection of information on bureau staff who worked on the January 6 Capitol riot investigations, arguing that disclosure of such data could endanger employees.

At a Thursday hearing, the court pressed administration attorneys on whether Musk or his affiliates could gain access to DOJ systems. The government’s lawyer declined to guarantee that the data was secure from DOGE’s reach.

“There has not been an official disclosure outside the department,” DOJ attorney Jeremy Simon said, while acknowledging the possibility that other government officials could have accessed the list through "unofficial" means.

Ongoing Legal Battles

The administration sidestepped one challenge when a judge on Thursday declined an emergency request to halt the Trump administration’s use of a new government-wide email distribution system, which critics allege poses risks to civil servants’ private data. Judge Randy Moss ruled that the challengers must refine their lawsuit after the Office of Personnel Management stated it had conducted the necessary privacy assessment.

Nonetheless, DOGE’s extensive data access initiative remains legally vulnerable.

Upcoming court proceedings in the Treasury and FBI cases are expected to continue in the coming weeks. On Friday, a judge will consider a request for a temporary restraining order in a lawsuit brought by federal unions and other groups seeking to prevent DOGE associates from accessing sensitive Department of Labor data.

According to court filings, Department of Labor employees were allegedly threatened with termination if they refused to grant access to the government newcomers. The lawsuit warns that at stake is the security of data systems containing highly sensitive employee and medical information on nearly every worker in the country.

In a declaration filed Thursday night, a DOGE representative pledged to abide by all legal regulations governing data access and comply with directives from agency leadership.

This story has been updated with additional reactions.