'Like hitting a fly with a sledgehammer': Critics say there are potential privacy risks from DOGE — but can Elon Musk's crew legally access your IRS and Social Security data?

Executive order

President Donald Trump signed an executive order establishing DOGE on Jan. 20, its stated goal being “modernizing Federal technology and software to maximize governmental efficiency and productivity.” The order further states the administrator of DOGE shall work with agency heads to “promote interoperability between agency networks and systems, ensure data integrity and facilitate responsible data collection and synchronization.”

In addition, the executive order outlined DOGE has “full and prompt access to all unclassified agency records, software systems and IT systems.”

This suggests DOGE has the president’s blessing to access unclassified data from federal agencies. It isn’t clear how far-reaching that access has been thus far, and what it might do with any sensitive data.

But many agency leaders and labor groups have pushed back against DOGE’s attempts to access information, freeze federal funding and lay off thousands of workers. This has put a magnifying glass on the actual legality of its actions.

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What does the law say?

Right now, the courts face the challenge of determining whether DOGE’s attempts to access sensitive information is legal. There are some laws that control how the government can collect and store data that could aid judges in their decisions.

One is the Privacy Act of 1974. The main premise of the act is to let American citizens know about the systems that exist and the types of data the government collects about them. It also mandates that federal agencies must establish records for lawful purposes only and to safeguard them.

“It requires federal agencies to take care of your data and not willfully or negligently provide it to others, [and] to make sure their systems are secure,” Gary Mason, an attorney, told CNN. Another attorney, Cornish Hitchcock, explained to the news outlet data sharing between agencies must meet certain conditions and go through procedures.

Basically, the Privacy Act of 1974 is meant to help you instill trust in government systems from the way it handles your sensitive information.

Another law, the Tax Reform Act of 1976, features Section 6103, places limits on the IRS and its ability to disclose your tax return information. But there are some exceptions. For example, the IRS may share data with law enforcement for investigation and prosecution of non-tax criminal laws, and also with the SSA for matters regarding Social Security and Medicare tax liability.

If DOGE is allowed full access to Americans’ sensitive data, privacy advocates are concerned about what the administration might be willing to do with the information. How things will play out is not yet known.