TL;DR:
- The U.S. Supreme Court has granted the Department of Government Efficiency (DOGE) access to sensitive Social Security Administration (SSA) data.
- This includes extensive personal data on most U.S. residents, including birth records, financials, immigration status, and more.
- Critics raise concerns about privacy, legal overreach, and potential misuse by DOGE.
- The ruling sparks new debate over data security, federal oversight, and the legal scope of executive-created entities like DOGE.
DOGE Wins Court Approval for SSA Data Access
In a landmark Supreme Court decision on June 6, the controversial Department of Government Efficiency (DOGE) has received the green light to access the Social Security Administration’s (SSA) vast data repositories. This ruling overturned a lower federal court’s block and comes despite significant backlash from legal scholars, privacy advocates, and three dissenting Supreme Court justices.
Created via executive order by former President Donald Trump, DOGE claims to improve federal technology infrastructure and reduce inefficiency. However, critics argue the agency operates with minimal transparency and often disregards legal guardrails, especially in how it treats personal and institutional data.
What Kind of Data Is at Stake?
The SSA maintains detailed records on virtually every U.S. resident. According to Kathleen Romig, a former SSA adviser and now senior policy director at the Center on Budget and Policy Priorities, this data spans from “cradle to grave.” It includes:
- Social Security numbers
- Full legal names
- Date and place of birth
- Gender, address history
- Parental and marital status
- Lifetime earnings and tax records
- Bank accounts and immigration data
- Health information tied to disability claims
- Medicare usage patterns
In addition, the SSA has data-sharing agreements with the IRS and the Department of Health and Human Services, expanding the dataset to include assets, living arrangements, and Supplemental Security Income (SSI) eligibility.
Data Access vs. Data Control
According to acting SSA Commissioner Lee Dudek, DOGE has only read-only access, and cannot directly alter data, issue benefit changes, or override internal controls. His formal statement emphasized:
- DOGE personnel cannot change agency systems or payments
- Only read-access is permitted
- Access is prohibited for court-restrained data
- Any violation will result in DOJ referral
Still, technical experts remain wary. SSA systems are interconnected and based on legacy code, meaning that improper queries—even without write-access—could disrupt operations. Romig warned that altering or misinterpreting historical records might inadvertently impact payments or eligibility status for individuals.
Risks of Misinterpretation
DOGE’s public-facing figures, including Elon Musk, have already made inaccurate claims based on SSA data. One notable example involved the Numident list, a record of birth and death dates associated with Social Security numbers. Musk cited these figures to claim SSA was still issuing benefits to millions of dead people—a claim debunked by the SSA Inspector General’s 2023 report.
The report revealed that while some records lack death data (particularly for those born before 1920), “almost none of the 18.9 million number holders currently receive SSA payments.”
Mistakes in understanding this data could lead to real-world harm, such as:
- Denial of benefits
- Mistaken death declarations
- Immigration status misclassification
These outcomes could stem from DOGE’s lack of institutional knowledge or insufficient appreciation for SSA’s complex rules around Social Security numbers and eligibility updates.
The Legal and Ethical Pushback
The ruling passed with a 6–3 majority, with Justices Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson dissenting. Jackson noted in her dissent:
“The government wants to give DOGE unfettered access to this personal, non-anonymized information right now — before the courts have time to assess whether DOGE’s access is lawful.”
Her concern underscores fears that the ruling may set a precedent for future administrative bodies to access personal data before courts can evaluate legality, increasing risks to both privacy and due process.
The Center on Democracy and Technology also flagged the potential for abuse of power, emphasizing that federal privacy laws are intended not just to protect individuals from leaks, but from government overreach.
Employee Exodus and Agency Turbulence
DOGE’s presence at SSA has already triggered internal fallout. Former Acting Commissioner Michelle King resigned earlier this year after DOGE attempted to force access to sensitive systems. Her successor, Lee Dudek, has since tried to reassure both employees and the public through transparency measures and legal safeguards.
Still, multiple lawsuits are ongoing, and DOGE remains under legal scrutiny for firing federal employees, issuing unauthorized directives, and breaching normal data access protocols.
Misunderstood Mission and Public Perception
While DOGE frames its mission as a data-driven war against fraud, fiscal analysts like Charles Blahous at the Mercatus Center caution that the perceived threat of fraud is exaggerated. He notes that:
“Best estimates of improper payments in Social Security are less than 1% of the program’s outlays.”
Blahous warns that public attention on data misuse may undermine more urgent challenges, such as the long-term financial sustainability of the Social Security system.
Looking Ahead: Precedent or One-Off?
The Supreme Court’s decision opens a new chapter in federal governance. If DOGE retains access and continues operations without further court intervention, the ruling could influence:
- Future executive-created agencies
- Legal interpretations of data ownership
- Federal data security standards
- Public trust in Social Security infrastructure
As agencies like the SSA manage the digital identities and benefits of hundreds of millions of Americans, the conversation around who gets access—and why—has never been more critical.
SSA Personal Data Types
| Data Type | Source System | DOGE Access Type |
| Social Security Number | SSA Core | Read-only (source) |
| Birth/Death Dates | Numident List | Read-only (source) |
| Immigration Status | SSA/ICE/IRS data-sharing | Read-only (source) |
| Disability & Medicare Use | SSA & HHS Systems | Read-only (source) |
| Benefit Payment History | SSA Internal | No edit privileges (source) |
