Student group asks federal court to halt DOGE access to Education Department data

A student group is suing the Department of Education for what they say is the disclosure of sensitive personal and financial information to the Department of Government Efficiency by granting the Elon Musk-led group access to internal systems that hold federal student financial aid information. 

The University of California Student Association filed its complaint for declaratory and injunctive relief Friday, asking the U.S. District Court for the District of Columbia to put an immediate stop to the Education Department’s alleged violation of federal records laws regarding the protection of personal information. 

UCSA alleged in its lawsuit that the Department of Education’s actions violated the Privacy Act of 1974 and the Internal Revenue Code by handing access to financial aid records to DOGE.

On Thursday, the Washington Post reported that the members of DOGE fed sensitive Education Department data — including personally identifiable information for those who manage grants and sensitive internal financial data from the agency — into an artificial intelligence software to assess its programs and spending. The Post found that lower-level department staffers were directed by agency leadership to allow DOGE to access sensitive financial data.

“The scale of the intrusion into individuals’ privacy is enormous and unprecedented,” the complaint states. “The personal data of over 42 million people lives in these systems. These are people who trusted ED with their sensitive personal information when they filled out the [Free Application for Federal Student Aid] and applied for federal student loans and grants, in reliance on the agency’s rules and other representations.”

UCSA alleged that DOGE-affiliated access to that information for an unknown amount of time could mean the public has no assurance that their sensitive information — and potentially the information of a parent or spouse — will receive appropriate protection. 

“And because Defendants’ actions and decisions are shrouded in secrecy, individuals do not have even basic information about what personal or financial information Defendants are sharing with outside parties or how their information is being used,” the complaint states. 

Under the Privacy Act’s protection, an agency is required to give a System of Records Notice (SORN) in the Federal Register that outlines the existence and character of the SORN, the lawsuit states. Agencies must give at least 30 days’ notice of any new or intended uses of a system’s information and give the public the opportunity to submit written data, arguments and views to the agency before publishing a SORN. 

Additionally, agency employees and authorized users who access Federal Student Aid systems are required to acknowledge required compliance with applicable rules, which includes protecting FSA information from unauthorized access and disclosure, the lawsuit notes. 

The plaintiff also said that because personal records — including federal tax information — are stored on the agency’s FUTURE Act System, the Department of Education’s actions violate the Internal Revenue Code. The department is held to the code for returns and return information, which includes a taxpayer’s identity, physical address and other data, and is subject to confidentiality. 

While an executive order from President Donald Trump established DOGE and ordered USDS to access agency records and systems along with unclassified data, the complaint states that the Trump administration has not formally identified the new U.S. DOGE Service administrator or listed the individuals who are involved in the USDS Temporary Organization.

NextGov/FCW reported that employees who were a part of USDS (formerly U.S. Digital Service) have not been included in the recent actions reportedly carried out by the DOGE team, such as its works at the Office of Personnel Management, USAID, the Department of Treasury,  among others.