DOGE Access to Sensitive Social Security Administration Data Is Highly Concerning — and Raises Important Areas for Further Investigation

It is highly concerning that DOGE affiliates have gained access to systems at SSA that appear to contain sensitive taxpayer information, according to reporting by the Washington Post and a declaration by the former acting SSA chief of staff. As we recently explained, improper inspection or disclosure of tax data at SSA is unlawful, since the same stringent laws that protect tax data at the IRS from unlawful use, inspection, or disclosure also apply to tax data held at other agencies.

In addition to the risks highlighted in the reporting, those inspecting or disclosing tax data held by SSA may be risking substantial criminal and civil punishments. Anyone who inspects or discloses tax data without complying with the law risks criminal liability including up to five years incarceration and fines up to $5,000 for improper disclosure and one year or $1,000 for improper inspection. In other words, there are risks both to DOGE affiliates and career staff who improperly view the data, as well as those who provided that access. Any affected taxpayer could also bring civil litigation seeking money damages beginning at $1,000 per violation.

The reporting also brings to the forefront several issues and areas for further investigation by reporters, lawmakers, oversight bodies, and the public:

• Whether DOGE affiliates or any other political appointees have redisclosed or otherwise exported tax data from secure agency databases….
• What data sharing arrangements DOGE affiliates at SSA are discussing with Treasury, DHS, and ED….
• Whether those accessing SSA data are actually reporting to SSA, or instead to DOGE or the White House Office. Notably, the only permissible sharing of protected tax data with OPM by SSA is to carry out the federal employees’ retirement system and for determining certain Medicare premium amounts….
• Whether the IRS is robustly exercising its oversight responsibilities with respect to tax data held at SSA. The IRS is responsible for ensuring that tax data remains protected when it is shared with a different agency…. It is important to understand if the IRS and SSA are continuing to follow their existing protocols and safeguarding procedures for tax data, including whether layoffs at IRS and SSA have affected those with roles in protecting taxpayer data.