On February 7, the University of California Student Association (UCSA), represented by the Student Defense and Public Citizen Litigation Group, filed a lawsuit against the U.S. Department of Education (ED), alleging that ED granted billionaire Elon Musk’s Department of Government Efficiency (DOGE) unlawful access to the confidential data of 42 million Americans. [USA Today]
Two anonymous sources familiar with DOGE’s activities allege that DOGE is running data provided by ED, including identifying information, through AI software to target funding inefficiencies. [The Washington Post, subscription model]
What they’re saying: UCSA accuses ED of violating the Privacy Act of 1974, Internal Revenue Code, and its own regulations for protecting sensitive data, in what UCSA President Aditi Harihara called an “incredible betrayal.”
Harihara also said, “Students across the country did not consent to having our personal information shared with an unelected and non-congressionally approved entity like DOGE, and we absolutely did not give permission for them to access it.”
What’s next: UCSA is seeking an injunction to prevent further unlawful disclosure of data, and an order to ensure all future disclosures are in compliance with the Privacy Act. An Education Department spokesperson said the Department does not comment on pending litigation.
Zoom out: DOGE has been probing federal agencies’ records for alleged instances of governmental inefficiency and waste, prompting calls for oversight from policymakers. [NPR; NBC News; The Associated Press]
Also of note:
30 House Democrats went to the Education Department building in protest of DOGE and to speak with Acting Education Secretary Denise Carter, but were refused entry by security. [The Hill]
House Education and Workforce Committee Ranking Member Bobby Scott (D-VA) requested the Government Accountability Office (GAO) “immediately assess” the IT security of the Education Department, Department of Labor, and the Department of Health and Human Services following reports of DOGE illegally accessing federal data.
Rep. Scott wrote in a statement, “This is a constitutional emergency… The nation needs answers immediately about the scope of [DOGE’s] powers, any laws, regulations or other policies regarding access to these data and systems which may be implicated by DOGE’s infiltration and the integrity of government programs on which schoolchildren and working families depend for their lives and livelihoods.”
Sens. Bernie Sanders (D-VT), Patty Murray (D-WA), and Tammy Baldwin (D-WI) and Reps. Bobby Scott (D-VA) and Rosa DeLauro (D-CT) sent a letter to Acting Secretary Carter seeking answers on how ED plans to ensure the continuity of programs and data security.
