Appeals Court clears path for Musk’s DOGE to access Americans' private data

A divided federal appeals court temporarily halted an injunction, allowing Elon Musk’s Department of Government Efficiency (DOGE) access to Americans' private data held by the Treasury, Education, and Personnel Management departments.

The 2-1 ruling from the 4th US Circuit Court of Appeals stayed a March 24 preliminary injunction issued by US District Judge Deborah Boardman, as the government moves forward with its appeal, Caliber.Az reports via foreign media.

The Richmond, Virginia-based court also voted 8-7 against hearing the case “en banc,” meaning a full panel of judges would not decide the case. A dissenting judge warned that granting DOGE access to the personal information of millions of Americans would “let the proverbial genie out of the bottle,” stressing the irreversible harm.

The case began after five labor groups, led by the American Federation of Teachers, and six military veterans accused the Trump administration of violating federal privacy laws by allowing Musk’s team to review sensitive personal data. This includes Social Security numbers, birth dates, income details, citizenship status, and veterans’ disability benefits.

Critics argue the data could be misused, potentially aiding in advancing Trump’s immigration policies. "We fear this decision will now greenlight a massive data hack," said Randi Weingarten, president of the American Federation of Teachers. "We are confident our case will succeed on the merits." DOGE was created under Trump’s administration to reduce the size of the federal government. 

Musk, Tesla’s CEO, was chosen to lead the effort. In their ruling, judges in the majority found that plaintiffs were unlikely to succeed on the merits or show they had standing to sue. Meanwhile, Circuit Judge Nicole Berner warned of irreparable harm if the case proceeded without full court review. Oral arguments for the appeal are scheduled for May 5.

By Naila Huseynova