DOGE’s influence at SSA triggers legal and congressional scrutiny

An affidavit in support of an amended complaint and motion for emergency relief to halt Elon Musk’s so-called Department of Government Efficiency’s (DOGE) unlawful seizure of personal, confidential, private, and sensitive data on millions of Americans from the Social Security Administration (SSA) casts a stark light on DOGE’s alleged intrusive data collection and handling practices.

The amended complaint on behalf of the American Federation of State, County and Municipal Employees (AFSCME) and a coalition of unions and retirees to a suit originally filed by Democracy Forward in February serves as a critical exhibit in the ongoing litigation detailing how SSA allegedly has engaged in expansive data-sharing protocols, many of which appear to bypass essential privacy safeguards.

“Essentially what you have is DOGE just swooping in and bullying their way into access to millions of Americans’ private data” said Karianne Jones, a lawyer for the unions. “They cannot explain why they want this data. They can’t really tell you what data they want. They just want everything. They want the source code, and they want to do it without any restrictions,”

The near crisis at SSA is emblematic of a broader transformation under the Trump administration, which has granted DOGE sweeping authority to reshape federal agencies with minimal oversight. SSA’s strategic planning and IT infrastructure, traditionally overseen by career public servants, are now being directed by Musk-affiliated technologists with little relevant experience. Leland Dudek, who served as a mid-level analyst at SSA before being elevated to acting commissioner, has openly stated that the DOGE operatives are effectively in charge of day-to-day operations and acknowledged that their inexperience may lead to significant errors.

Dudek expressed deep concerns about the stability of SSA during a recent closed-door meeting. According to a recording obtained by ProPublica, Dudek stated, “I don’t want the system to collapse,” and warned that if DOGE were to implement changes at SSA as sweeping as those already enacted at USAID and the Department of Treasury, it “would be catastrophic for the people in our country.”

Addressing a group of senior staff and Social Security advocates, both in person and virtually, Dudek’s remarks offered a rare glimpse into the mindset of a top agency official navigating the turbulence of the early days of the second Trump administration. While The Washington Post had previously reported on his admission that DOGE was effectively running the agency, the full recording reveals that his concerns ran much deeper. He not only described the actions being taken by those he repeatedly referred to as “the DOGE kids,” but also acknowledged receiving significant direction from the White House.

When pressed by a meeting participant on why he would not more forcefully refute Trump’s false claims of widespread Social Security fraud, Dudek said, “So we published, for the record, what was actually the numbers there on our website. This is dealing with – have you ever worked with someone who’s manic-depressive?”

Throughout the meeting, Dudek spoke in a disjointed and at times unnervingly casual manner, even as he painted a dire picture of the challenges facing the Social Security system. At one point, he openly questioned whether the changes being implemented at the agency would result in lasting damage. “Are we going to break something?” he asked. “I don’t know.” But moments later, he struck a more conciliatory tone, saying of DOGE, “They’re learning. Let people learn. They’re going to make mistakes.”

The extent of DOGE’s ambitions at SSA remains unclear, but the organization’s growing footprint across federal agencies has sparked fears of systemic failures and widespread data misuse. SSA, which manages sensitive personal data for millions of Americans, is particularly vulnerable to mismanagement, and the consequences of DOGE’s incursion could have far-reaching implications for the agency’s ability to serve the public.

As investigations continue, the central question remains: Is DOGE working in the public’s interest, or is it serving the private and ideological goals of Elon Musk? With SSA employees and lawmakers raising alarms about potential privacy violations, systemic disruptions, and the erosion of government accountability, the answer to that question could determine the future of federal governance in the United States.

The affidavit in support of the amended complaint and motion for emergency relief was submitted by Tiffany Flick, who retired as Acting Chief of Staff to then Acting SSA Commissioner Michelle King following nearly 30 years as an SSA employee. King stepped down when Trump replaced her with Dudek pending confirmation of his nomination of Frank Bisignano to be his SSA head.

Fink held positions at SSA in which she oversaw the administration of earnings records, data-sharing agreements, and responsibility for shaping policies that govern how SSA shares personal data with external agencies. Her tenure included significant involvement in implementing major data exchange initiatives, particularly those involving the Department of Homeland Security (DHS), law enforcement agencies, and state governments. Flick also played a central role in the modernization of SSA’s data-sharing infrastructure, overseeing the expansion of biometric and real-time verification systems.

At the heart of Fink’s sworn affidavit is that DOGE employees allegedly failed to adequate employ required privacy protections when handling PII, and that vast amounts of sensitive data – including Social Security numbers, names and names of spouses and dependents, financial and banking information, immigration or citizenship status, marital status, employment records, and benefit information – were improperly accessed and shared with other federal agencies or left vulnerable to unauthorized access.

The lack of proper consent mechanisms, combined with opaque data-sharing agreements raises the question of whether these practices are in violation of federal privacy laws, including the Privacy Act of 1974.

Fink’s affidavit raises serious concerns for the court to consider regarding actions taken by DOGE employees she believes have violated legal and ethical standards. A primary issue she outlined is the unauthorized collection and dissemination of the PII of SSA beneficiaries without proper consent or safeguards. She expressed alarm that these actions not only breach privacy rights but also contravene existing federal statutes and SSA’s own internal policies designed to protect confidential information.

“A disregard for our careful privacy systems and processes now threatens the security of the data SSA houses about millions of Americans,” Fink said.

Court “filings reflect new facts showing DOGE’s ongoing campaign at SSA, including statements from the current Acting Commissioner, who was previously suspended from his role at the agency, that ‘outsiders who are unfamiliar with nuances of SSA programs,’ are calling the shots,” Democracy Forward said. “The filings underscore those threats: personnel from DOGE have accessed sensitive information and improper disclosure violates privacy and increases the risk of access by external actors, doxxing, identity theft, and financial crimes, among other risks.

AFSCME President Lee Saunders said, “working people spent their lives paying into Social Security deserve to know their benefits and personal information are in safe hands. We will not stand by as an unaccountable, unelected billionaire undermines the promise that they can one day retire with dignity. We look forward to moving this case forward in court and stopping these reckless efforts to invade the Social Security Administration.”

“With every passing day Americans’ personal and financial data is further jeopardized by Elon Musk’s actions,” said American Federation of Teachers President Randi Weingarten. “Absent immediate relief, working families are at risk of having their private information stolen and exploited, all because an unelected billionaire has decided to raid this sensitive data for his own ends.

“We are asking the court to halt the DOGE team’s activities so the serious privacy issues and their potential consequences are fully addressed in a court of law before it’s too late,” said Richard Fiesta, executive director of the Alliance for Retired Americans.

At least ten individuals linked to DOGE have been embedded within SSA, many of whom have prior affiliations with Musk’s companies such as Tesla and SpaceX. Their rapid deployment, coupled with their lack of relevant experience, has alarmed experts who worry about the potential for privacy breaches and system failures.

According to internal SSA records reviewed by WIRED, DOGE-affiliated personnel appear in the agency’s internal organizational charts, with most designated as “IT Specialists” based in Washington, D.C. One, Akash Bobba, holds a position in the office of the chief information officer (CIO).

Reports indicate that seven of these DOGE personnel have read-only access to crucial SSA datasets, including the Master Beneficiary Record, Numident (which contains information on anyone who has ever applied for a Social Security number), and Treasury Payment Files that track SSA payments.

While the government insists that this access is necessary to detect fraud, experts argue that the presence of DOGE personnel at multiple agencies is highly unusual and carries significant privacy risks. John Davisson, litigation director at the Electronic Privacy Information Center, warned that this level of cross-agency access undermines federal data protection laws and compromises critical safeguards against data abuse.

Musk’s influence over SSA extends to leadership appointments. Michael Russo, a DOGE-aligned figure with no prior government experience, was appointed as the SSA’s chief information officer. Russo, formerly of Shift4, a payments company founded by Trump’s NASA nominee Jared Isaacman, has reportedly pushed for unrestricted access to SSA’s data systems.

In her affidavit, Flick described Russo as obsessed with unsubstantiated claims of Social Security fraud rather than with the actual operational needs of the agency. Flick’s affidavit also revealed that DOGE employees were given privileged access, despite issues with Bobba’s background check.

The growing concerns surrounding DOGE’s role within SSA are compounded by operational and budgetary disruptions. Since assuming control over key SSA functions, DOGE has imposed severe financial restrictions, including a $1 spending limit on federal credit cards which has hindered SSA offices’ ability to purchase essential supplies, such as paper and toner, and has interrupted services for disabled clients requiring sign language interpreters.

Additionally, SSA staff are no longer able to order death certificates to verify deceased beneficiaries, further complicating administrative processes. An SSA employee described the situation as devolving into chaos, with paper rationing and mounting fears over security lapses.

Martin O’Malley, a former SSA commissioner, warned that DOGE’s control over SSA could lead to a collapse of benefits distribution within months. Flick echoed these concerns, emphasizing that the agency’s loss of experienced personnel, combined with the inexperience of DOGE operatives, poses an existential threat to SSA’s ability to function properly.

Former SSA employee John McGing, who spent nearly forty years at the agency, expressed alarm over the potential for data exfiltration and critical system failures due to DOGE’s mismanagement.

As questions mount over DOGE’s authority and objectives, top Democratic lawmakers are demanding transparency. House Committee on Oversight and Reform Ranking Member Gerald Connolly and House Committee on Judiciary Ranking Member Jamie Raskin this week filed a Freedom of Information Act request seeking clarity on DOGE’s access to government data, its role in mass firings of federal employees, and any conflicts of interest related to Musk’s business ventures.

“By filing these FOIA requests, which every American has the right to make in order to demand transparency from our government, we demand to know about DOGE’s leadership structure, legal authority, and potential conflicts of interest; its involvement with the government-wide firing of personnel; and its treatment of sensitive data and AI,” Connolly and Raskin said in a joint statement. “The President, Mr. Musk, and DOGE can and will be held accountable to the American people, the original and ultimate source of all sovereign power in the United States of America.”

Connolly and Raskin also sent a letter to Acting DOGE Administrator Amy Gleason on Congressional letterhead.

Article Topics

data collection  |  data privacy  |  data protection  |  DOGE  |  identity management  |  social security  |  U.S. Government