The American Civil Liberties Union filed a federal lawsuit against the U.S. Social Security Agency (SSA) and the Department of Veterans Affairs (VA) on Monday. In the lawsuit, the American Civil Liberties Union (ACLU) accused the agency of violating the Freedom of Information Act (FOIA) by ignoring the ACLU’s request and subsequently calling for information about the so-called Department of Government Efficiency (DOGE) “attempted or actual access” to sensitive federal databases.
As Wired first reported, the ACLU began pursuing documents under the Federal Transparency Act in February, responding to reports that Elon Musk’s Taoist operators are seeking access to personal information belonging to U.S. citizens, including U.S. Treasury records, which include “millions of social security numbers, bank accounts, corporate finance,” and more.
Over the past few months, extensive coverage of Wired and other stores has exposed Doge’s attempts to access and analyze sensitive data from federal employees, the U.S. public and immigrants to the U.S.
The ACLU argued in the complaint that Doge’s access to highly sensitive information about Americans’ health and finances has attracted “acute attention” due to “extraordinary hazards” that could be due to any unauthorized use of these documents. According to the complaint, the American Civil Liberties Union (ACLU) urged SSA to speed up the issuance of public records related to Doge’s work. The permitted procedures allow when documents are deemed to be the center for urgent notification of government activities to the public. In its other materials, the group cites a letter from Senator Mark Warner detailing an unprecedented confidential shroud.
The ACLU said SSA rejected ACLU’s claims but later ignored its attempt to appeal, and the ACLU said the SSA’s procedures must comply with FOIA. ACLU says VA is less responsive. It acknowledged the ACLU’s request in February and then stopped any further communications.
“If Doge forces our private data to enter our private data, it is forcing us to enter our private lives,” said Lauren Yu, one of the lawyers representing the ACLU court. “Congress has a reason for strict privacy protections, and Americans should know who can access their social security numbers, bank account information and health records… Government actors cannot continue to wrap themselves secretly while stealing our most sensitive records.”
It said the group’s lawsuit also brought warnings through public concerns about the ongoing push to implement artificial intelligence (AI) systems, “this has drawn people’s potential for mass surveillance and politically motivated abuse.”
Earlier this month, Wired reported that Doge operators were trying to implement code on VA using AI tools that provide benefits to approximately 10 million U.S. veterans and their families, including health care and disability payments. Sources at the agency expressed concerns about the rush to implement AI, saying the action failed to follow normal procedures and threatened to get our veterans the benefits they gained.
“Granting Doge into the VA data system not only violates federal law, but also undermines the core of the VA mission to care for veterans, their families, caregivers and survivors,” ACLU’s attorney Michelle Fraling said in a statement.
Wired reported last week that Doge is weaving data from the Social Security Agency, the Department of Homeland Security and the IRS that can create unprecedented scope surveillance tools. The FOIA file says that the initial record request for the ACLU is due in part to the use of computer matching programs that can cross-reference information to individuals using a decentralized government database.
Under the U.S. Privacy Act, the government’s ability to use databases from different agencies for cross-reference to personal information is strictly regulated. The bill was amended in 1988 and requires agencies to enter into written agreements before making computer matching and to calculate how such initiatives affect individual rights based on law.
“The federal government cannot ignore our legitimate requirements for transparency to avoid accountability,” Nathan Freed Wessler, deputy director of the ACLU’s speech, Privacy and Technology Program, said in a statement.
