A federal judge said on Thursday the Social Security Administration likely violated privacy laws by giving tech billionaire Elon Musk’s aides “unbridled access” to the data of millions of Americans, and ordered a halt to further record sharing.
US District Judge Ellen Lipton Hollander of Maryland said Musk’s Department of Government Efficiency was intruding into “the personal affairs of millions of Americans” as part of its hunt for fraud and waste under President Donald Trump.
“To be sure, rooting out possible fraud, waste, and mismanagement in the SSA is in the public interest. But, that does not mean that the government can flout the law to do so,” Hollander said.
The case has shed light for the first time on the amount of personal information DOGE staffers have been given access to in the databases, which hold vast amounts of sensitive data on most Americans.
The SSA administers benefits for tens of millions of older Americans and people with disabilities, and is just one of at least 20 agencies DOGE has accessed since January.
Elon Musk leaves following a luncheon with members of the Senate Republican Conference on Capitol Hill in Washington, DC, on March 5, 2025. (REUTERS/File Photo)
Hollander said at the heart of the case was a decision by new leadership at the SSA to give 10 DOGE staffers unfettered access to the records of millions of Americans. She said lawyers for SSA had acknowledged that agency leaders had given DOGE access to a “massive amount” of records.
“The DOGE Team is essentially engaged in a fishing expedition at SSA, in search of a fraud epidemic, based on little more than suspicion. It has launched a search for the proverbial needle in the haystack, without any concrete knowledge that the needle is actually in the haystack,” Hollander said.
‘Crown jewels’
One of the systems DOGE accessed is called Numident, or Numerical Identification, known inside the agency as the “crown jewels,” three former and current SSA staffers told Reuters. Numident contains personal information of everyone who has applied for or been given a social security number.
Thursday’s ruling is one of the most significant legal setbacks for DOGE to date. It comes two days after a federal judge ruled Musk’s efforts to shut down the US Agency for International Development were likely illegal because he is not a Senate-confirmed cabinet official.
DOGE did not immediately respond to a request for comment.
A White House spokesman criticized the decision in a statement and said Trump will “continue to seek all legal remedies available to ensure the will of the American people goes into effect.”
“This is yet another activist judge abusing the judicial system to try and sabotage the President’s attempts to rid the government of waste, fraud, and abuse,” spokesman Harrison Fields said.
Judges have declined to block DOGE from accessing computer systems at the departments of Labor, Health and Humans Services, Energy and others, although the team has been barred from accessing sensitive Treasury Department payment systems.
Activists attend a protest against cuts to government agencies by tech billionaire Elon Musk and his young aides at the cost-cutting Department of Government Efficiency (DOGE), outside the SpaceX's facility in Hawthorne, California. (REUTERS/File Photo)
The two labor unions and an advocacy group that sued SSA, Musk, DOGE and others, said in their lawsuit the agency had been “ransacked” and that DOGE members had been installed without proper vetting or training and demanded access to some of the agency’s most sensitive data systems.
The advocacy group Democracy Forward said the ruling was an important win for data privacy.
“Today, the court did what accountability demands — forcing DOGE to delete every trace of the data it unlawfully accessed. The court recognized the real and immediate dangers of DOGE’s reckless actions and took action to stop it,” Democracy Forward President and CEO Skye Perryman said in a statement.
Records to the 1930s
Musk says that millions of people are using the identities of dead people to claim social security payments, or that checks are still being sent to people who died long ago.
Two of the former SSA officials told Reuters the names of millions of dead people are inside the main database because it contains records dating back to the agency’s founding in the 1930s. But the fact they are listed in the systems does not mean they receive payments, the officials said.
“We will work to comply with the court order,” said an SSA spokesperson.
In a statement on March 3, the SSA said it had identified over $800 million in cost savings for the 2025 fiscal year.
“The SSA continues to make good on President Trump’s promise to protect American taxpayers from unnecessary spending,” it said in the earlier statement.
The information in SSA’s records includes Social Security numbers, personal medical and mental health records, driver’s license information, bank account data, tax information, earnings history, birth and marriage records, and employment and employer records, Judge Hollander said.
Hollander also noted that DOGE staffers had been granted anonymity in the proceeding due to fears for their safety.
“(The) defense does not appear to share a privacy concern for the millions of Americans whose SSA records were made available to the DOGE affiliates, without their consent, and which contain sensitive, confidential, and personally identifiable information,” the judge said.
