DOGE gains 'unfettered' access to Social Security's data on millions
Unions and retirees sued after the Social Security Administration agreed to give DOGE staff access to systems containing Social Security numbers, medical and financial records, and even family-court and school records of children. In a 148-page opinion issued April 17, 2025, Judge Ellen Hollander wrote that the issue was not the work DOGE wanted to do but 'how they want to do the work,' and that the administration had never explained why it needed 'unprecedented, unfettered access to virtually SSA's entire data systems.' She found Acting Commissioner Lee Dudek's justifications 'imprecise, contradictory, and insufficient.'
The preliminary injunction barred DOGE from personally identifiable information, ordered it to 'disgorge and delete' data already taken, remove software it had installed, and stop altering SSA code. Non-DOGE staff and properly trained users of anonymized data were unaffected. Hollander wrote that for some 90 years the SSA had operated on an expectation of privacy and that 'this case exposes a wide fissure in the foundation.'
The outcome then reversed on appeal. The Fourth Circuit, sitting en banc, upheld the block 9-6, with a concurrence calling the Social Security case 'substantially stronger' than parallel data cases and citing 'vastly greater stakes.' On June 6, 2025, the Supreme Court stayed the injunction 6-3 and allowed DOGE broad access while the case proceeds. Justice Jackson, joined by Justice Sotomayor, dissented, citing the administration's failure to show any need or any interest in complying with existing privacy safeguards.
- Elon Musk / U.S. DOGE Service
- Acting SSA Commissioner Lee Dudek
- Judge Ellen Hollander (D. Md.)
- Democracy Forward (counsel)
- U.S. Supreme Court
- Justices Ketanji Brown Jackson and Sonia Sotomayor (dissent)
- Judge orders new limits on DOGE data access at Social Security Administration (148-page opinion; 'how they want to do the work'; disgorge-and-delete)NPR · 2025-04-18
- US Supreme Court Allows DOGE Broad Access to Social Security Data (June 6 stay 6-3; Jackson/Sotomayor dissent; 4th Circuit concurrence)Reuters (via U.S. News) · 2025-06-06
- Judge blocks DOGE access to sensitive Social Security data (Dudek justifications 'imprecise, contradictory'; scope of injunction)OPB · 2025-04-18
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